State venue statute has LLC gap

Trial Notebook

By Steven P. Garmisa

Hoey & Farina

Posted December 7, 2020 11:38 AM

There’s a gap in the Illinois venue statute. Although Section 2-101(1) of the Code of Civil Procedure generally permits lawsuits in the county where a defendant has its residence, and Section 2-102 specifies the counties where private corporations, partnerships and voluntary unincorporated associations are residents “for purposes of venue,” the General Assembly never got around to setting a residency rule for limited liability companies. In an appeal by an LLC that claimed venue wasn’t proper in …

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