Legal Memorandum: Guidelines for a motion to dismiss under §2-615

Issue: Under Illinois law, when considering a motion under section 2-615, what guidelines are provided the court?

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Motion to Dismiss; § 2-615; Guidelines; Sufficient Facts; De Novo
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 03/01/2016

"In ruling on a section 2-615 motion to dismiss, the court must accept as true all well-pleaded facts in the complaint and all reasonable inferences which can be drawn therefrom. [Citations.] In making this determination, the court is to interpret the allegations of the complaint in the light most favorable to the plaintiff. [Citation.] The question presented by a motion to dismiss a complaint for failure to state a cause of action is whether sufficient facts are contained in the pleadings which, if established, could entitle the plaintiff to relief. [Citation.] A cause of action should not be dismissed on the pleadings unless it clearly appears that no set of facts can be proved under the pleadings which will entitle the plaintiff to recover." Bryson v. News America Publications, Inc., 174 Ill.2d 77, 86-87 (1996).

We review de novo the dismissal of a complaint pursuant to section 2-615. Wallace v. Smyth, 203 Ill.2d 441, 447 (2002).

Elgin v. Arch Ins. Co., No. 2-15-0013, 2016.IL.0000274 (Ill. Ct. App. Feb. 10, 2016) (VersusLaw).

Date: March 1, 2016