Statute Annotations › Illinois › 735 Ill. Comp. Stat. § 5/2-1005

735 Ill. Comp. Stat. § 5/2-1005

Summary judgment: the cases that interpreted this section

Jurisdiction
Illinois
Case notes
1,616
Cited in passing
1,367
Citing cases indexed
4,019
Case dates
1993–2026
Screened through
2026-06-29
Courts' treatment: live
No reviewed case has held this section invalid, preempted, superseded or repealed.
This reflects what the reviewed cases said, not legislative action: a later amendment or repeal by the legislature would not appear here unless a reviewed case discussed it.

2,983 citing cases reviewed of 4,019 in the citation index: 1,616 interpreted the section (annotated below), 1,367 cited it only in passing. Cases filed after 2026-06-29 may not have been reviewed yet.

Have a situation under 735 Ill. Comp. Stat. § 5/2-1005?

These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.

Summary judgment

Section 5/2-1005 permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Burrell v. The Village of Sauk · filed 2018-04-30

Summary judgment is proper where the pleadings, admissions, depositions, and affidavits demonstrate there is no genuine issue as to any material fact so that the movant is entitled to judgment as a matter of law. Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201 (2008); 735 ILCS 5/2-1005 (West 2016).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Taylor, Bean, & Whitaker Mortgage Corp. v. Cocroft · filed 2018-05-03(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014). ... In the case at bar, we cannot find that defendant has identified questions of fact concerning either the grace period notice or plaintiff’s status as the holder of the note.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Illinois Insurance Guaranty Fund v. Nwidor · filed 2018-05-23(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, ... together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Nunez v. Diaz · filed 2018-06-12(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Allen v. Cam Girls, LLC · filed 2018-06-12(c)

We review the trial court’s grant of summary judgment de novo (Williams v. Manchester, 228 Ill. 2d 404, 417 (2008)), keeping in mind that summary judgment is only appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012).
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Crawford v. Belhaven Realty LLC · filed 2018-06-12(c)

We review the trial court's grant of summary judgment ... keeping in mind that summary judgment is only appropriate where "there is no genuine issue as to any material fact and * * * the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005 permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

In re Petition to Annex Certain Territory to the Village of Lemont · filed 2018-03-28

Summary judgment is appropriate where the pleadings, depositions, and admissions on file, together with the affidavits, if any, demonstrate there is no genuine issue as to any material fact so that the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2014); Ioerger v. Halverson Construction Co., 232 Ill. 2d 196, 201 (2008). ... Petitioners do not necessarily dispute the facts that the Objectors rely on for summary judgment, and reasonable people could not draw different inferences from those facts showing sustained activity by the Objectors. This justifies summary judgment in favor of the Objectors.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Carolan v. City of Chicago · filed 2018-06-28(c)

Summary judgment is appropriate if the pleadings, depositions, affidavits, and other admissions on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Brummel v. Grossman · filed 2018-06-28(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ritacca Laser Center v. Brydges · filed 2018-07-09(c)

Summary judgment is appropriate when there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014). ... Therefore, the trial court properly granted summary judgment in defendant’s favor.
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Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Brummel v. Grossman · filed 2018-07-16(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Pommier v. Jungheinrich Lift Trick Corp. · filed 2018-07-31(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... The trial court correctly determined that plaintiff failed to present sufficient evidence to survive summary judgment.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Crosson v. Ruzich · filed 2018-07-31(c)

Summary judgment is proper when the pleadings, affidavits, depositions, admissions, and exhibits on file demonstrate there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Winters v. MIMG LII Arbors at Eastland, LLC · filed 2018-08-14(c)

Summary judgment is proper only if there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Cohen v. Chicago Park District · filed 2018-08-15(c)

Summary judgment is proper when the pleadings, depositions, affidavits, and other matters on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012). ... On this record, we conclude that defendant was entitled to summary judgment on the question of willful and wanton conduct.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

MidFirst Bank v. Riley · filed 2018-08-20(c)

Section 2-1005 allows parties to receive judgment in their favor “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... Accordingly, the circuit court did not err in finding no genuine issue of material fact and granting summary judgment in favor of plaintiff.
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Section 2-1005 permits summary judgment only when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Thounsavath v. State Farm Mutual Automobile Insurance Co. · filed 2018-08-22

Pursuant to section 2-1005, 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 of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Taylor, Bean, & Whitaker Mortgage Corp. v. Cocroft · filed 2018-08-24(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014). ... In the case at bar, we cannot find that defendant has identified questions of fact concerning either the grace period notice or plaintiff’s status as the holder of the note.
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Section 2-1005(c) requires a court reviewing summary judgment to consider evidence beyond the allegations in the complaint.

Platinum Partners Value Arbitrage Fund, Ltd. Partnership v. Chicago Board Options Exchange · filed 2018-08-24(c)

By contrast, in the present appeal, we are reviewing a dismissal pursuant to section 2-1005 (735 ILCS 5/2-1005(c) (West 2016)), which means that we consider more than just the factual allegations in the complaint.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Pennymac Corp. v. Jenkins · filed 2018-08-24(c)

Having already determined that the trial court did not abuse its discretion in allowing the complaint to be amended and having found that the notice/demand strictly complied with the requirements of the Detainer Act, we find no genuine issue of material fact exists, rendering summary judgment proper.
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Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Illinois Insurance Guaranty Fund v. Nwidor · filed 2018-08-24(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014). ... We uphold the trial court’s grant of summary judgment in favor of IIGF.
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Section 2-1005(c) allows summary judgment when there is no genuine dispute over a material fact and the moving party is entitled to judgment as a matter of law.

Oswald v. Hamer · filed 2018-09-20(c)

This matter comes before us in the context of cross-motions for summary judgment. Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012).
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Section 2-1005(c) allows summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Berrios v. Cook County Board of Commissioners · filed 2018-09-21(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Republic Bancorp Co. v. Beard · filed 2018-09-26(c)

Summary judgment is appropriate 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.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

In re Marriage of Larocque · filed 2018-09-26(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

City of Countryside v. City of Countryside Police Pension Board of Trustees · filed 2018-09-28(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Giannakopoulos v. Adams · filed 2018-10-29(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014); Bruns v. City of Centralia, 2014 IL 116998, ¶ 12.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Cole v. Paper Street Group, LLC · filed 2018-11-01(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment only when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law.

Taliani v. Resurreccion · filed 2018-12-03(c)

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 a judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Jordan v. The Kroger Co. · filed 2018-12-18(c)

Summary judgment is appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Milevski v. Ingalls Memorial Hospital · filed 2018-12-20(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment only when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Chadha v. North Park Elementary School Association · filed 2018-12-20(c)

A court should grant summary judgment 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 entitled to a judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rico Industries, Inc. v. TLC Group, Inc. · filed 2018-12-27(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
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Section 2-1005(a) allows a plaintiff to move for summary judgment after the opposing party has appeared, with or without supporting affidavits.

Lavite v. Dunstan · filed 2019-01-02(a)

Section 2-1005(a) provides that any time after the opposing party has appeared, a plaintiff may move with or without supporting affidavits for a summary judgment for all or any part of the relief sought. 735 ILCS 5/2-1005(a) (West 2016). The record also shows that the trial court considered the pleadings, affidavits, judicially-noticed facts, and admissions before entering judgment in favor of the plaintiff. Thus, we will review the court’s ruling as a summary judgment.
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Section 2-1005(c) permits summary judgment when the undisputed facts allow only one reasonable conclusion and the moving party is entitled to judgment as a matter of law.

Construction Systems, Inc. v. FagelHaber, LLC · filed 2019-01-15(c)

Here, summary judgment is proper if the undisputed facts allow for only one conclusion: that more than two years elapsed between the time Construction Systems knew or should have known of its injury and January 27, 2009, the date that it filed its legal malpractice action. ... Consequently, Construction Systems’ legal malpractice action was untimely, and the trial court properly granted summary judgment in FagelHaber’s favor.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Barclay v. Yoakum · filed 2019-01-24(c)

A motion for summary judgment should be granted when the pleadings, depositions, and affidavits reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... In the absence of any evidence of the cause of the decedent’s fall, there is no genuine issue of material fact on the issue of proximate cause, and summary judgment in favor of defendants was proper.
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Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law.

Taliani v. Resurreccion · filed 2019-02-06(c)

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 a judgment as a matter of law.
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Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Raab v. Frank · filed 2019-02-06(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of material fact exists (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)), and such a motion should be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2-1005(c) (West 2016)).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

MEP Construction, LLC v. Truco MP, LLC · filed 2019-02-08(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... In this case, construing the pleadings, depositions, admissions, and affidavits strictly against Truco and liberally in favor of MEP, as we must (see Outboard Marine, 154 Ill. 2d at 131-32), we hold that the circuit court properly granted summary judgment in favor of Truco.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Zahumensky v. Chicago White Sox, Ltd. · filed 2019-02-19(c)

Summary judgment is appropriate where, construed liberally in favor of the party opposing judgment (Carney v. Union Pacific R.R. Co., 2016 IL 118984, ¶ 25), “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2-1005(c) (West 2016)).
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Grant v. Dimas · filed 2019-02-22(c)

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 that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016). ... Neither party asserts a disputed question of fact, but rather both parties contest the interpretation of relevant statutes related to plaintiffs’ action.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

MidFirst Bank v. Riley · filed 2019-02-25(c)

Section 2-1005 allows parties to receive judgment in their favor “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... Accordingly, the circuit court did not err in finding no genuine issue of material fact and granting summary judgment in favor of plaintiff.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

People ex rel. Department of Human Rights v. Oakridge Nursing & Rehab Center · filed 2019-03-11(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
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Section 5/2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Lindblad v. Nelson · filed 2019-03-22(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the ... moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... In the case at bar, plaintiff has sufficiently raised the issue of a conspiracy to defraud such that summary judgment should not have been granted.
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Section 2-1005(g) permits amendment after summary judgment only if depositions and affidavits show that the claim can be repleaded under another theory.

Romito v. City of Chicago · filed 2019-03-29(g)

Section 2-1005(g) does not allow a plaintiff to amend a cause of action on which the defendant was granted summary judgment unless depositions and affidavits indicate that the plaintiff can replead the claim under another theory.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

State Farm Mutual Automobile Insurance Co. v. Murphy · filed 2019-03-29(c)

“Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” Id.; see 735 ILCS 5/2-1005(c) (West 2016). ... Accordingly, we determine that the trial court properly granted summary judgment in plaintiff’s favor.
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Section 5/2-1005 permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Lau v. Abbott Laboratories · filed 2019-04-02

A motion for summary judgment is properly granted only where the pleadings, depositions, admissions, and affidavits establish that no genuine issue of material fact exists and ... that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Garton v. Pfeifer · filed 2019-05-13(c)

Summary judgment is appropriate if the pleadings, depositions, affidavits, and other admissions on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 5/2-1005(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Edson v. Fogarty · filed 2019-05-14(c)

Summary judgment means the “pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Raab v. Frank · filed 2019-05-16(c)

The purpose of a motion for summary judgment is to determine whether a genuine issue of material fact exists (People ex rel. Barsanti v. Scarpelli, 371 Ill. App. 3d 226, 231 (2007)), and such a motion should be granted only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2-1005(c) (West 2016)).
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Barclay v. Yoakum · filed 2019-05-16(c)

A motion for summary judgment should be granted when the pleadings, depositions, and affidavits reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Balla v. Gambro, Inc., 145 Ill. 2d 492, 508 (1991). ... In the absence of any evidence of the cause of the decedent’s fall, there is no genuine issue of material fact on the issue of proximate cause, and summary judgment in favor of defendants was proper.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

City of Countryside v. City of Countryside Police Pension Board of Trustees · filed 2019-05-17(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact... and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment only when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Chadha v. North Park Elementary School Association · filed 2019-05-17(c)

A court should grant summary judgment 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 entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014); Adams v. Northern Illinois Gas Co., 211 Ill. 2d 32, 43 (2004).
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Brummel v. Grossman · filed 2019-05-17(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005 permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Williams v. Bruscato · filed 2019-05-20

Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2016)). Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Kasper v. McGill Management Inc. · filed 2019-05-23(c)

Summary judgment is appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012). ... There was no evidence to indicate that the ice was not a natural accumulation or that McGill had engaged in previous snow and ice removal efforts that caused the ice to refreeze in the area where plaintiff fell. In such circumstances, summary judgment is appropriate.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Atlas v. Union Pacific Railroad Co. · filed 2019-05-24(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dynak v. Board of Education of Wood Dale School District 7 · filed 2019-06-12(c)

Summary judgment is proper when the pleadings, depositions, admissions, and affidavits show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) requires courts to draw reasonable inferences for the nonmoving party and ask whether the evidence could support a judgment in that party’s favor.

Mickens v. CPS Chicago Parking, LLC · filed 2019-06-26(c)

As noted, we draw all reasonable inferences at this stage in favor of the nonmovant, Mickens, and we determine not whether Mickens is entitled to judgment but whether she arguably could win, based on the evidence at hand.
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

XL Specialty Insurance Co. v. Performance Aircraft Leasing, Inc. · filed 2019-06-27(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” ... 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Carmichael v. Laborers' & Retirement Board Employees' Annuity & Benefit Fund · filed 2019-06-27(c)

Summary judgment is warranted where there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2012).
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Zahumensky v. Chicago White Sox, Ltd. · filed 2019-06-28(c)

Summary judgment is appropriate where, construed liberally in favor of the party opposing judgment (Carney v. Union Pacific R.R. Co., 2016 IL 118984, ¶ 25), “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law” (735 ILCS 5/2-1005(c) (West 2016)). ... Because we hold that the undisputed facts demonstrate that Sika adequately discharged its duty to warn, summary judgment in Sika’s favor was proper.
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A party opposing summary judgment must submit relevant, admissible evidence to establish a genuine issue of material fact; an unsupported assertion that an issue is contested does not suffice.

Travelers Property Casualty Co. of America v. ArcelorMittal USA Inc. · filed 2019-06-28(c)

To establish a contested material issue of fact, ArcelorMittal was required to submit relevant, admissible evidence on the issue of damages in the circuit court.
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Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and a clear right to judgment as a matter of law.

Goldfarb v. Bautista Concrete, Inc. · filed 2019-06-28(c)

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 a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014); Adams, 211 Ill. 2d at 43.
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Section 2-1005(c) permits summary judgment when the evidence shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

MEP Construction, LLC v. Truco MP, LLC · filed 2019-07-02(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... In this case, construing the pleadings, depositions, admissions, and affidavits strictly against Truco and liberally in favor of MEP, as we must (see Outboard Marine, 154 Ill. 2d at 131-32), we hold that the circuit court properly granted summary judgment in favor of Truco.
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Section 2-1005(c) allows summary judgment only when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is clearly entitled to judgment as a matter of law.

Openlands v. Department of Transportation · filed 2019-07-16(c)

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. Id. ¶ 29; 735 ILCS 5/2-1005(c) (West 2014).
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Section 5/2-1005 permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Lau v. Abbott Laboratories · filed 2019-07-17

A motion for summary judgment is properly granted only where the pleadings, depositions, admissions, and affidavits establish that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2016); Adams v. Northern Illinois Gas Co., 211 Ill. 2d 32, 43 (2004).
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Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Cole v. Paper Street Group, LLC · filed 2019-07-18(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005 permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Williams v. Bruscato · filed 2019-07-22

Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure (id.). Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Townsend v. City of Chicago · filed 2019-07-25(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005 permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Walker v. Bruscato · filed 2019-07-30

Summary judgment motions are governed by section 2-1005 of the Code of Civil Procedure (735 ILCS 5/2-1005 (West 2016)). Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the movant is entitled to judgment as a matter of law.

Gillespie v. Edmier · filed 2019-08-08(c)

Summary judgment is proper only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2- 1005(c) (West 2012).
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Section 5/2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ramirez v. City of Chicago · filed 2019-08-12(c)

Summary judgment is proper when, viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2014); Home Insurance Co. v. Cincinnati Insurance Co., 213 Ill. 2d 307, 315 (2004).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Kasper v. McGill Management Inc. · filed 2019-08-12(c)

Summary judgment is appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2012).
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Summary judgment is appropriate when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Garton v. Pfeifer · filed 2019-08-12(c)

Summary judgment is appropriate if the pleadings, depositions, affidavits, and other admissions on file establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Cohen v. Chicago Park District, 2017 IL 121800, ¶ 17.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Hicks v. City of O'Fallon · filed 2019-08-29(c)

Summary judgment is appropriate when the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, reveal there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. ... Viewing the evidence in the light most favorable to the plaintiffs, we cannot find that the evidence raises a question of fact relating to whether Sill’s conduct was willful and wanton when he traversed Interstate 64 on the evening of November 11, 2015, to transport Sampson, a pediatric patient experiencing seizure-like activity, to Cardinal Glennon.
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Section 2-1005(c) allows summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Garland v. Sybaris Clubs International, Inc. · filed 2019-08-29(c)

On appeal of an order granting summary judgment, the role of this court is to determine whether “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Biancorosso v. Troy Community Consolidated School District No. 30C · filed 2019-08-29(c)

Summary judgment is appropriate where the pleadings, depositions, admissions on file, and affidavits, if any, establish that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016). ... Thus, there is no genuine issue of material fact that Samantha’s injuries did not result from willful and wanton conduct by the District. We thus find the trial court did not err when it granted summary judgment in favor of the District.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Haslett v. United Skates of America, Inc. · filed 2019-09-03(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016); see also Epple v. LQ Management, LLC, 2019 IL App (1st) 180853, ¶ 14; Carlson v. Chicago Transit Authority, 2014 IL App (1st) 122463, ¶ 21; Virginia Surety Co. v. Northern Insurance Co. of New York, 224 Ill. 2d 550, 556 (2007).
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Section 2-1005(c) permits summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Elam v. O'Connor & Nakos, Ltd. · filed 2019-09-26(c)

Summary judgment is only appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 5/2-1005 permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

State Farm Mutual Automobile Insurance Co. v. Elmore · filed 2019-09-30

Summary judgment is appropriate only where the pleadings, depositions, and admissions on file, together with any affidavits, when viewed in the light most favorable to the nonmoving party, show that there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2012).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Labell v. The City of Chicago · filed 2019-09-30(c)

A circuit court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Bahus v. Union Pacific R.R. Co. · filed 2019-10-07(c)

“Summary judgment is appropriate when ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Shapich v. CIBC Bank USA, 2018 IL App (1st) 172601, ¶ 16 (quoting 735 ILCS 5/2-1005(c) (West 2016)).
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Section 2-1005(c) allows summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Mickens v. CPS Chicago Parking, LLC · filed 2019-10-08(c)

Summary judgment is appropriate if “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.”
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Bank of New York Mellon v. Hayes · filed 2019-10-24(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2–1005(c) (West 2016). ... Hayes failed to present any evidence to the contrary. We conclude that the trial court properly granted summary judgment to plaintiff.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Maychszak v. Brown · filed 2019-11-04(c)

A trial court should grant summary judgment if the pleadings, depositions, admissions, and affidavits show that there is no genuine issue as to any material fact and the moving party is entitled to judgment as a matter of law.
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Section 2-1005 permits summary judgment when the record, viewed in the nonmovant's favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Evergreen Real Estate Services, LLC v. Hanover Insurance Co. · filed 2019-11-04

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, viewed in a light most favorable to the nonmovant, fail to establish that a genuine issue of material fact exists, thereby entitling the moving party to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2016); Fox v. Seiden, 2016 IL App (1st) 141984, ¶ 12.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

HSBC Bank USA National Ass'n v. Adams · filed 2019-11-26(c)

Summary judgment is appropriate where "there is no genuine issue as to any material fact and * * * the moving party is entitled to a judgment as a matter of law." 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Rivera v. Commonwealth Edison Co. · filed 2019-12-03(c)

Summary judgment is proper where, when viewed in the light most favorable to the nonmoving party, the pleadings, depositions, admissions, and affidavits on file reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Nationstar Mortgage, LLC v. Johnson · filed 2019-12-05(c)

Summary judgment is appropriate 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 of material fact and that the moving party is entitled to judgment ... as a matter of law. 735 ILCS 5/2-1005(c) (West 2018). ... As all of defendants’ arguments on appeal challenging the trial court’s grant of summary judgment relate to standing to litigate the foreclosure action, we affirm the trial court’s grant of summary judgment for Nationstar.
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Section 2-1005(c) permits summary judgment only when the filed materials show no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

DeAngelo v. Wilcox · filed 2019-12-17(c)

Summary judgment is proper only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018); see also Epple v. LQ Management, LLC, 2019 IL App (1st) 180853, ¶ 14; Carlson v. Chicago Transit Authority, 2014 IL App (1st) 122463, ¶ 21; Virginia Surety Co. v. Northern Insurance Co. of New York, 224 Ill. 2d 550, 556 (2007).
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Section 2-1005(c) permits summary judgment when the complete record would require a directed verdict, even if the motion presents an issue of fact.

Jones v. Pneumo Abex LLC · filed 2019-12-19(c)

In such cases, there is no practical difference between the standard for summary judgment and that governing directed verdicts.
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Section 2-1005(c) permits summary judgment only when no material fact is in dispute and the moving party is entitled to judgment as a matter of law.

Patton v. Housing Authority of Cook County · filed 2019-12-31(c)

Summary judgment should only be awarded where there is no question of material fact and the moving party is entitled to judgment as a matter of law. ... Accordingly, the circuit court’s entry of summary judgment in favor of the Housing Authority regarding count I of Patton’s complaint was proper and the Housing Authority is entitled to use Patton’s security deposit to pay for its court costs.
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Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the movant is entitled to judgment as a matter of law.

Meza v. Country Mutual Insurance Co. · filed 2020-01-14(c)

However, here we cannot find that the standard for summary judgment has been met for two reasons: (1) because there appear to be unresolved material issues of fact and (2) because taking Country as the movant, Country’s policy and its endorsements appear to contradict it’s arguments and the court’s decision that Country is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Echols v. LSE Enterprises, Inc. · filed 2020-01-14(c)

We review the trial court’s grant of summary judgment de novo (Williams v. Manchester, 228 Ill. 2d 404, 417 (2008)), keeping in mind that summary judgment is appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Mendoza v. American Freedom Insurance Co. · filed 2020-01-28(c)

Summary judgment is appropriate where “ ‘there is no genuine issue as to any material fact and * * * the moving party is entitled to a judgment as a matter of law.’ ” Dardeen v. Kuehling, 213 Ill. 2d 329, 335 (2004) (quoting 735 ILCS 5/2-1005(c) (West 1998)). ... In other words, there is no genuine issue of material fact. Consequently, the defendant’s denial of coverage for damage sustained to the plaintiff’s vehicle as a result of the theft was not a breach of the insurance contract and it was entitled to judgment as a matter of law.
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Section 2-1005(c) allows summary judgment when no material fact is disputed and the moving party is entitled to judgment as a matter of law.

Manley v. Law · filed 2020-02-03(c)

Summary judgment is appropriate when the pleadings, depositions, and affidavits show that there is no genuine issue of any material fact and that the moving party is entitled to judgment as a matter of law. ... To hold, as plaintiffs request, that defendants’ response did not qualify as a motion for summary judgment (when plaintiffs themselves asked for summary judgment), would elevate form over substance, which we are loath to do.
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Section 5/2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Gonzalez v. Garfield Park Conservatory Alliance · filed 2020-02-04(c)

We review the trial court’s grant of summary judgment de novo (Williams v. Manchester, 228 Ill. 2d 404, 417 (2008)), keeping in mind that summary judgment is appropriate where “there is no genuine issue as to any material fact and *** the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... Accordingly, summary judgment for the Alliance was proper.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Wygle v. Peoria Park District · filed 2020-02-11(c)

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Marion v. Governors State University · filed 2020-02-11(c)

Summary judgment is proper when the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018). ... For the foregoing reasons, we find that the trial court properly granted the defendants’ motion for summary judgment.
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Section 2-1005(c) permits summary judgment only when the record, viewed in the light most favorable to the nonmoving party, reveals no genuine issue of material fact.

Wright v. IMI Grand Prairie North, LLC · filed 2020-02-14(c)

We review a grant of summary judgment de novo, determining whether the pleadings, depositions, admissions, and affidavits on file, when viewed in the light most favorable to the nonmoving party, reveal any genuine issues of material fact that would preclude judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Holder v. Tini Tots Day Care Center · filed 2020-02-19(c)

Summary judgment is proper where the pleadings, affidavits, depositions and admissions of record, show that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dunn v. Centerpoint Properties Trust · filed 2020-02-25(c)

Summary judgment should be granted only where the pleadings, depositions, admissions on file, and affidavits, 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 a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Adams, 211 Ill. 2d at 43.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Stevens v. Woodfield Planning Corp. · filed 2020-02-26(c)

Construing the pleadings, depositions, admissions, and affidavits strictly against Dobbs and liberally in favor of plaintiffs, we conclude that there is no genuine issue as to any material fact and that Dobbs was entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Chicago Autism Academy, Inc. v. Hill · filed 2020-03-17(c)

Summary judgment is proper if “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018); see also Dowd & Dowd, Ltd. v. Gleason, 181 Ill. 2d 460, 483 (1998). ... In this case, a trier of fact drawing justifiable inferences could reasonably conclude by clear and convincing evidence that the GLAA and Hill knowingly and voluntarily engaged in a common scheme. Summary judgment in favor of defendants was inappropriate.
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Section 2-1005(c) allows summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

U.S. Bank N.A. v. Grason · filed 2020-03-23(c)

Summary judgment is appropriate only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... Accordingly, the trial court’s order for summary judgment in favor of plaintiff was proper.
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Section 5/2-1005(c) allows summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Sheibany v. Kennelly · filed 2020-03-27(c)

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 a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Adams, 211 Ill. 2d at 43. ... It is clear from the pleadings that no genuine issue of material fact exists concerning whether Sheibany knew of a possible injury more than two years before he filed his legal malpractice action. Accordingly, we find that the trial court properly granted summary judgment in favor of Kennelly on the ground that the claim is barred by the statute of limitations.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Ruffin-Stanford v. County of Cook · filed 2020-03-31(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... Here, there are no disputed facts and the court resolved the dispute as a matter of law. ... We therefore hold that the circuit court properly granted summary judgment to the defendants based on the de facto officer doctrine.
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Section 2-1005(c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Valenziano v. Stewart · filed 2020-04-01(c)

Summary judgment is proper if and only if the pleadings, depositions, and other matters of record establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018); Gacki, 369 Ill. App. 3d at 289. ... Although we hold that there is a genuine question of whether plaintiffs established hostility for the required 20 years, we disagree with much of defendant’s reasoning.
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Subsection (c) permits summary judgment only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Fay v. Fifty K Corp. · filed 2020-04-29(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2014).
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ehardt v. Algonquin Gasoline, Inc. · filed 2020-05-07(c)

Summary judgment is appropriate where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” Id.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Sylvertooth v. State Farm Mutual Automobile Insurance Co. · filed 2020-05-13(c)

Summary judgment is appropriate where the pleadings, deposition transcripts, and admissions on file, together with any affidavits and exhibits, when viewed in the light most favorable to the nonmoving party, indicate there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Lewis v. Lead Industries Ass'n · filed 2020-05-21(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, ... show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Graham v. Lakeview Pantry · filed 2020-05-27(c)

Summary judgment is proper where the pleadings, affidavits, depositions, admissions, and exhibits on file reveal that there is no genuine issue of material fact when viewed in the light most favorable to the nonmovant and the movant is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Abrams v. City of Chicago, 211 Ill. 2d 251, 257 (2004).
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmovant’s favor, shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Berger v. Schiff Hardin, LLP · filed 2020-05-29(c)

Summary judgment is proper where the pleadings, depositions, admissions and affidavits on file, viewed in the light most favorable to the nonmovant, show that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Murphy v. Springfield Park District · filed 2020-06-02(c)

Because we conclude that the trial court, when granting summary judgment for the Park District, correctly found no genuine issue of material fact as to willful and wanton conduct, we need address only this ground. ... Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2- 1005(c) (West 2016).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law; unsupported allegations do not create a factual issue.

In re Estate of Frakes · filed 2020-06-08(c)

Summary judgment is appropriate when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2016). ... In light of the cross-motions for summary judgment, we find no genuine issue of material fact that would have precluded judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Enbridge Energy, Ltd. Partnership v. Village of Romeoville · filed 2020-06-08(c)

“Summary judgment is appropriate when ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Illinois State Bar Ass’n Mutual Insurance Co. v. Law Office of Tuzzolino & Terpinas, 2015 IL 117096, ¶ 14 (quoting 735 ILCS 5/2-1005(c) (West 2010)).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the movant is entitled to judgment as a matter of law.

Moruzzi v. CCC Services, Inc. · filed 2020-06-10(c)

Summary judgment is appropriate only where the pleadings, depositions, and admissions on file, together with affidavits, if any, demonstrate that there is no genuine issue of material fact and that the movant is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Hicks v. City of O'Fallon · filed 2020-06-15(c)

Summary judgment is appropriate when the pleadings, affidavits, depositions, admissions, and exhibits on file, when viewed in the light most favorable to the nonmoving party, reveal there is no genuine issue of material fact and the moving party is entitled to a judgment as a matter of law. ... Viewing the evidence in the light most favorable to the plaintiffs, we cannot find that the evidence raises a question of fact relating to whether Sill’s conduct was willful and wanton when he traversed Interstate 64 on the evening of November 11, 2015, to transport Sampson, a pediatric patient experiencing seizure-like activity, to Cardinal Glennon.
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Section 5/2-1005(c) allows summary judgment only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law; the court may not resolve a factual dispute when deciding the motion.

Colovos v. Bond Drug Co. of Illinois · filed 2020-06-16(c)

Summary judgment should not be granted unless the pleadings, depositions, admissions, and affidavits, show that there exists no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018). ... This is beyond the trial court’s role of determining only the existence of a genuine issue of material fact while adjudicating a motion for summary judgment.
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Section 2-1005(c) permits summary judgment only when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and entitlement to judgment as a matter of law.

Prutton v. Baumgart · filed 2020-06-24(c)

Summary judgment is appropriate 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 of material fact and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018).
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Summary judgment is proper only when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Thai v. Triumvera 600 Naples Court Condominium Association · filed 2020-06-25

A motion for summary judgment is properly granted only where the pleadings, depositions, admissions, and affidavits establish that no genuine issue of material fact exists and that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005 (West 2016); Herman v. Power Maintenance & Construction, LLC, 388 Ill. App. 3d 352, 359-60 (2009).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Norman v. U.S. Bank National Ass'n · filed 2020-06-30(c)

Summary judgment is properly granted when the pleadings, depositions, admissions, and affidavits on file show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Mohammad v. Chicago Police Department · filed 2020-06-30(c)

“Summary judgment is proper when ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Bremer v. City of Rockford, 2016 IL 119889, ¶ 20 (quoting 735 ILCS 5/2-1005(c) (West 2012)). ... Here, since we agree with the circuit court that Officer Rubenstein’s affidavit and the explanatory letter that accompanied the 242 pages of records that were provided in response to Mr. Mohammad’s FOIA request were sufficient to meet the CPD’s burden of showing a reasonable search and Mr. Mohammad’s response was insufficient to call that into question, we find no abuse of discretion in the circuit court’s decision to not require discovery.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Krol v. Village of Wilmette · filed 2020-06-30(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West ... 2016).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Floyd v. Hill Funding, LLC · filed 2020-06-30(c)

Summary judgment is appropriate “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) allows summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Huang v. Uribe · filed 2020-07-02(c)

Summary judgment is to be granted only when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018).
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Section 5/2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dolgan v. The City of Chicago · filed 2020-07-16(c)

Summary judgment is appropriate when the pleadings, depositions, and admissions, together with any affidavits, show there is no genuine issue of material fact such that the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Wagner v. Belle Lind Gordon · filed 2020-07-21(c)

Summary judgment is proper when the pleadings, depositions, and affidavits on file, construed in the light most favorable to the nonmoving party, establish that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record, viewed in the light most favorable to the nonmoving party, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Kissee v. Gensini Excavating, Inc. · filed 2020-07-21(c)

Summary judgment is proper where the pleadings, depositions, affidavits, and admissions on file, when viewed in the light most favorable to the nonmoving party, demonstrate that no genuine issue of material fact exists and that the moving party is entitled to a judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016); Petrovich v. Share Health Plan of Illinois, Inc., 188 Ill. 2d 17, 30-31 (1999).
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Section 2-1005(c) permits summary judgment when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law; a dispute about other elements does not prevent judgment when an essential element fails.

Nelson v. Nelson · filed 2020-07-24(c)

Summary judgment is proper where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... While there may be genuine issues of fact as to some elements of the claim, Carmen has established that at least one of the elements of the malpractice ... claim must be resolved in his favor.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Tafoya-Cruz v. Temperance Beer Co. LLC · filed 2020-07-29(c)

Summary judgment is proper if “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
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Section 2-1005(c) permits summary judgment on a maintenance modification petition when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

In re Marriage of Chirila · filed 2020-08-03(c)

We further conclude that the trial court did not err in granting summary judgment for Monica. As stated, summary judgment is appropriate 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 of material fact and that the moving party is entitled to judgment as a matter of law.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

U.S. Bank National Ass'n v. Casaquite · filed 2020-08-14(c)

Summary judgment is appropriate only when “the pleadings, depositions and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Federal Home Loan Mortgage Corp. v. Raminger · filed 2020-08-17(c)

Summary judgment is proper when “the pleadings, depositions, and admissions on file, together with affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... Therefore, there was no genuine issue of material fact. The court correctly accepted the information contained in Swisher’s affidavit as true and properly concluded that plaintiff was entitled to judgement as a matter of law.
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Section 2-1005(c) permits summary judgment when the record, viewed in the nonmoving party’s favor, shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Nationstar Mortgage LLC v. Jones · filed 2020-09-03(c)

Summary judgment is appropriate if the pleadings, depositions and admissions on file, together with the affidavits, if any, viewed in the light most favorable to the nonmoving party, reveal that there is no genuine issue as to any material fact and that the moving party is entitled to judgment as a matter of law. ... Accordingly, notwithstanding defendant’s forfeiture of this issue, we conclude that summary judgment was properly entered in plaintiff’s favor.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Baker v. Clark · filed 2020-09-14(c)

Summary judgment is appropriate only where “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Biancorosso v. Troy Community Consolidated School District No. 30C · filed 2020-09-14(c)

Summary judgment is appropriate where the pleadings, depositions, admissions on file, and affidavits, if any, establish that no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2016). ... Thus, there is no genuine issue of material fact that Samantha’s injuries did not result from willful and wanton conduct by the District. We thus find the trial court did not err when it granted summary judgment in favor of the District.
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Section 2-1005 provides the summary judgment procedure for a defendant seeking to contest a complaint’s factual allegations.

Villa DuBois, LLC v. El · filed 2020-09-17

Where a defendant seeks to address the complaint’s factual allegations, a summary judgment motion pursuant to section 2-1005 of the Code (735 ILCS 5/2-1005 (West 2018)) is the proper vehicle.
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Section 5/2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Hermansen v. Riebandt · filed 2020-09-30(c)

A trial court is permitted to grant summary judgment only “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a ... judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018).
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact exists and the moving party is entitled to judgment as a matter of law.

Shannon Court Condominium Ass'n v. Armada Express, Inc. · filed 2020-10-05(c)

Summary judgment is to be granted when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law. 735 ILCS 5/2-1005(c) (West 2018); Kolakowski v. Voris, 83 Ill. 2d 388, 398 (1980). ... We conclude, therefore, that Armada was not entitled to judgment as a matter of law, and the summary judgment entered in its favor must be reversed.
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Section 2-1005(c) permits summary judgment when the record shows no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Dzierwa v. Ori · filed 2020-10-07(c)

Summary judgment will be entered “if the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... Because there is no evidence that the Oris knew or had reason to know that Fiona was dangerous, they were entitled to judgment as a matter of law on Dzierwa’s common-law negligence claim.
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Section 2-1005 permits summary judgment on whether a contract was rescinded when no genuine issue of material fact exists.

Specialized Loan Servicing, LLC v. Kovitz · filed 2020-10-28

Accordingly, we find that where no genuine issue exists as to any material fact concerning whether rescission occurred, summary judgment is appropriate.
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Section 2-1005(c) permits summary judgment when there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.

Ozog v. Bee Quality, Inc. · filed 2020-11-13(c)

Summary judgment is appropriate only when “the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue of material fact and that the moving party is entitled to judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... We conclude that the evidence is insufficient to create a factual question as to the issue of defendant’s retrained control.
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Section 2-1005(c) permits summary judgment when the opposing party presents no genuine factual issue and its expert opinions are speculative.

Kargle v. Sanders · filed 2020-11-17(c)

Summary judgment is appropriate when “ ‘the pleadings, depositions, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.’ ” Palm v. 2800 Lake Shore Drive Condominium Ass’n, 2013 IL 110505, ¶ 28 (quoting 735 ILCS 5/2-1005(c) (West 2008)). ... The expert opinions were entirely speculative. ... Therefore, the court did not err in granting the motion for summary judgment.
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Section 2-1005(c) permits summary judgment on a fully developed record when the evidence would warrant a directed verdict or judgment notwithstanding the verdict.

Jones v. Pneumo Abex LLC · filed 2021-01-29(c)

Under these circumstances, the appellate court clearly erred in failing to follow our decision in McClure and in distinguishing the various related appellate decisions involving civil conspiracy claims against Owens-Illinois and Pneumo Abex on the grounds that the standard governing defendants’ motions in this case was different. The standard is the same. If judgment n.o.v. were proper, summary judgment would also be proper.
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Section 2-1005(c) permits summary judgment only when no genuine issue of material fact remains and the moving party is entitled to judgment as a matter of law.

Greer v. Board of Education of the City of Chicago · filed 2021-03-31(c)

A trial court should grant summary judgment only if “the pleadings, depositions, and admission on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.” 735 ILCS 5/2-1005(c) (West 2018). ... We find that Diaz’s affidavit, standing alone, does not resolve all issues of material fact and leaves room to doubt the Board’s right to a judgment.
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Section 2-1005(c) permits a summary judgment motion to be supported by pleadings, depositions, and admissions in addition to affidavits.

Reidy v. Reidy · filed 2021-06-11(c)

A summary judgment motion can be supported by “pleadings, depositions, and admissions on file,” in addition to affidavits. 735 ILCS 5/2-1005(c) (West 2018). ... Between the authentications in the depositions and the authentications attached to document productions, it is clear, to us, that the documents attached to Ellen’s motion for summary judgment on which we rely and on which the circuit court relied were properly authenticated and her motion was properly supported.
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Section 2-1005 does not allow a party to defeat a summary judgment motion supported by competent evidence by relying on its answer to raise a factual dispute.

Smith v. Miomed Orthopaedics, Inc. · filed 2021-06-23

Summary judgment is appropriate when the pleadings, depositions, admissions, and affidavits, viewed in a light most favorable to the nonmovant, fail to establish a genuine issue of material fact, thereby entitling the moving party to judgment as a matter of law. 735 ILCS 5/2–1005 (West 2018); Fox v. Seiden, 2016 IL App (1st) 141984, ¶ 12. ... However, it is well-settled that a party may not rely on its answer in an attempt to raise questions of material fact in the face of a motion for summary judgment supported by competent evidence.
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Notes 1051–1200 of 1,616, oldest cases first.

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