Hollister obtains dismissal of putative nationwide class action on forum non conveniens grounds

Client(s) Abercrombie & Fitch Co.

Jones Day represented Abercrombie & Fitch and its affiliate, Hollister Co., in a putative nationwide class action of Hollister customers. The plaintiff, a New Jersey resident, filed suit in Illinois, alleging breach of contract in connection with a promotional gift card issued by Hollister in one of its New York stores. Hollister moved to dismiss under the doctrine of forum non conveniens and developed a discovery record supporting its motion, including an admission from plaintiff that he could identify no Illinois witnesses. Following oral argument, the court granted the defendant's motion to dismiss, finding that the relevant factors strongly weighed in favor of dismissal.

Daniels v. Hollister Co., No. 2011 L 001485 (Ill. Circ. Ct., DuPage Cty.)