Legal Memorandum: Granting summary judgement on appeal

Issue: Under Illinois law, on appeal, what is the standard of review for summary judgement and when is it granted?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Summary Judgement; Standard of Review; De Novo; Material Fact; Issue
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

[Appellate] review of the circuit court’s order granting summary judgment is de novo. Sears Roebuck & Co. v. Acceptance Insurance Co., 342 Ill.App.3d 167, 171 (2003). Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, indicate there are no genuine issues of material fact and that the moving party is entitled to judgment as a matter of law. [statref]735 ILCS 5/2-1005(c) (West 2000)[/statref]; Bier v. Leanna Lakeside Property Ass’n, 305 Ill.App.3d 45, 50 (1999). A reviewing court may affirm a circuit court’s grant of summary judgment on any basis supported by the record. Illinois State Bar Ass’n Mutual Insurance Co. v. Coregis Insurance Co., 355 Ill.App.3d 156, 163 (2004).

Travelers Personal Ins. Co. v. Edwards, 2016.IL.141595 (Ill. App. Dist. 1. Jan 29, 2016).

Date: March 1, 2016

Subscribe to Litigation Pathfinder

To get the full-text of this Legal Memorandum ... and more!

(Month-to-month and annual subscriptions available)