Legal Memorandum: Motions for summary judgement should be reviewed de novo

Issue: Under Illinois Law, what is the standard of review for a motion for summary judgement under 2-1005

Area of Law: Litigation Practice & Procedure, Litigation Practice and Procedure
Keywords: ; Motion; Summary Judgement; Standard of Review; §2-1005; De Novo
Jurisdiction: Illinois
Cited Cases: None
Cited Statutes: None
Date: 01/01/2016

Summary judgment motions are governed by section 2-1005 of the Code ([regref]735 ILCS 5/2-1005 (West 2014)[/regref]). Summary judgment should be granted only where the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, show that there is no genuine issue as to any material fact and that the moving party is clearly entitled to judgment as a matter of law. Pielet v. Pielet, 2012 IL 112064, ¶ 29. Although a plaintiff is not required to prove his or her case at the summary judgment stage, the plaintiff must present a factual basis that would arguably entitle him or her to a judgment. Oliveira-Brooks v. Re/Max International, Inc., 372 Ill.App.3d 127, 134 (2007).

"Because Illinois is a fact-pleading jurisdiction, a plaintiff is required to set forth a legally recognized claim and plead facts in support of each element that bring the claim within the cause of action alleged." (Internal quotation marks omitted.) Edens v. Godinez, 2013 IL App (4th) 120297, ¶ 16. If the plaintiff fails to establish any element of the cause of action, then summary judgment in favor of the defendant is proper. Williams v. Manchester, 228 Ill.2d 404, 417 (2008). Our review of the trial court’s grant of summary judgment is de novo. Lazenby v. Mark’s Construction, Inc., 236 Ill.2d 83, 93 (2010).

The Y-Not Project, Ltd. v. Fox Waterway Agency, 2016 .L.150502 (Ill. App. Dist. 2 2016).

Date: January 1, 2016

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