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| Biedermann, Reif, Hoenig
& Ruff |
| A PROFESSIONAL CORPORATION |
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| Biedermann,
Reif, Hoenig & Ruff, P.C. |
| 570 Lexington
Avenue |
| New York,
New York 10022 |
| Tel:
212-697-6555 |
| Fax: 212-986-3509 |
| Email
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| February
22, 2008 |
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Illinois Appellate
Court Affirms Forum Non Conveniens Dismissal
of Motion Picture Production Bond Cases
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On February 22, 2008, the Illinois Appellate Court for the First Judicial District affirmed decisions rendered by two trial courts in litigation arising out of a motion picture production bond issued by a German bonding company. Georgia Productions, Inc. and Art Oko Film GmbH & Co. v. Gerling Industrie Services, et al. (IL App., 1st Jud. Dist. Nos. 1-06-1570 and 1-06-3743). The litigation arose out of the failed production of a motion picture, which was to partially be filmed in Chicago, by producers based in Germany and California. The producers first sued the bonding company’s German agent in Illinois and, subsequently, the bonding company itself. Both trial courts ultimately dismissed these cases on forum non conveniens grounds.
After consolidating the resulting appeals, the Illinois Appellate Court affirmed the dismissals. The Court initially noted that plaintiffs’ choice of forum is accorded less deference in this matter since neither was domiciled in Illinois. The Court then analyzed the public and private interest factors relating to the doctrine of forum non conveniens and concurred in the trial courts’ conclusions that “another more convenient forum exists” for this litigation.
Defendants-appellees Gerling Industrie Service AG and Gerling Konzern Allgemeine Versicherungs AG were represented by Frederick W. Reif, Debra Tama, Nicole Sullivan and Nadja Schulz in this litigation. |
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