Illinois Appellate Court Upholds Lower Court’s Denial Of Forum Non Conveniens Motion Arising Out Of The 2005 Tans Peru Plane Crash

CHICAGO, Illinois (June 15, 2009) – Today the Appellate Court of Illinois, First District affirmed a September 5, 2008 Order issued by Judge William D. Maddux which denied defendant’s motions to dismiss cases on the grounds of forum non conveniens.

The original lawsuits were filed by Nolan Law Group in the Circuit Court of Cook County, Illinois, on behalf of certain passenger’s estates who have filed wrongful death and survival actions against The Boeing Company and United Technologies Corporation as a result of the August 23, 2005 crash where a Boeing 737-200 operated by Transportes Aereos Nacional de Selva (TANS) crashed in the jungle about 5.5 km south of Pucallpa Airport.

The aircraft was carrying 98 passengers, of which 40 were killed and many others were seriously injured, making it one of the worst aviation disasters in Peruvian history.

On May 29, 2009 in response to the defendants’ appeal of Judge Maddux’s ruling, Nolan Law Group presented written and oral arguments to the appellate court which outlined the defendants’ failure to provide adequate support for their contention that the Illinois Court is an inconvenient forum.

During the proceedings, Nolan Law Group attorneys took the position that defendants failed to demonstrate exceptional circumstances favoring the transfer or dismissal of the cases and that since the decision to grant or deny a motion to dismiss based on forum non conveniens lies within the discretion of the trial court, a reviewing court would have to uphold the trial court’s decision unless abuse of discretion was demonstrated.

“Without an abuse of discretion, a disagreement between judges’ opinions is not tantamount to showing exceptional circumstances” said Nolan Law Group attorney Donald J. Nolan.

Nolan Law Group argued that the trial court’s balance of private and public interest factors to deny defendants’ motion to dismiss was correct and that there was no abuse of discretion. Nolan Law Group also reiterated its argument that the products liability context of the case guided consideration of all aspects of defendants’ forum non conveniens motion.

Additionally, Nolan Law Group demonstrated why Peru is not an “available” forum for re-filing the cases, citing that certain existing jurisdictional principals in South American countries are in direct conflict with American forum non conveniens jurisprudence, including Peru’s steadfast application of the Bustamente code.

Currently, Nolan Law Group represents clients who have filed wrongful death and survival actions against Boeing and United Technologies Corporation stemming from the August 23, 2005 accident. This favorable ruling allows Nolan Law Group to proceed with its cases against Boeing and United Technologies in the Circuit Court of Cook County, Illinois.

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