Explains changes made to appropriate venues for challenging Illinois administrative rules, executive orders, and constitutionality of state laws. Includes pros and cons of those changes.
In the Seventh Circuit it has long been acceptable to file a Motion to Dismiss in order to enforce a forum selection clause. See Auto. Mechanics Local 701 Welfare & Pension Funds v. Vanguard Car Rental USA, Inc., 502 F.3d 740, 746 (7th Cir. 2007).
But a just-published case out of the Northern District of Illinois reflects a different practice: that a forum-selection clause, if it permits federal jurisdiction, should now be enforced via a motion to transfer, not a motion to dismiss. The history of this change can help inform practitioners when deciding how to enforce forum selection ...
