Illinois has two rules that can be used to dismiss cases which allows for more flexibility in defending some actions then in federal court where there is only one means to seek dismissal of an action.

A Section 2-615 motion to dismiss and a Section 2-619 motion to dismiss under Illinois law are two distinct legal tools, each serving specific purposes.

A Section 2-615 motion to dismiss tests the legal sufficiency of a complaint by challenging whether the complaint states a claim upon which relief can be granted. This motion is concerned with defects appearing on the face of the complaint and does not rely on matters outside the complaint. It admits all well-pleaded facts and attacks the legal sufficiency of the complaint [5], [7], [12]. The court, in ruling on a 2-615 motion, considers only the allegations in the pleadings.

On the other hand, a Section 2-619 motion to dismiss acknowledges the legal sufficiency of the complaint but asserts that there are certain external defects or defenses that defeat the claims. It admits the legal sufficiency of the plaintiff’s claim but asserts ‘affirmative matter’ outside of the pleading that defeats the claim. This motion is sometimes referred to as a ‘Yes, but’ motion because it essentially says, ‘Yes, the complaint was legally sufficient, but an affirmative matter exists that defeats the claim’.

The two types of motions can be combined under Section 2-619.1, but it is important to maintain procedural distinctions between them. Each part of a combined motion should be limited to and specify that it is made under one of Sections 2-615, 2-619, or 2-1005, and should clearly show the points or grounds relied upon under the Section upon which it is based.

In dealing with these motions, the court interprets all pleadings and supporting documents in the light most favorable to the plaintiff. Furthermore, dismissals pursuant to sections 2-615, 2-619, and 2-619.1 are reviewed de novo.

Why Choose Lubin Austermuehle to Represent you in a Commercial or Business Dispute

Choosing Lubin Austermuehle to represent you in a commercial or business dispute offers several compelling advantages, making this Chicago area law firm, with offices in Chicago, Highland Park and Oak Brook, a strong choice for your legal needs:

  1. Comprehensive Experience: Lubin Austermuehle has over three decades of experience in handling a wide range of complex business and commercial disputes. This experience spans various types of litigation matters, including shareholder, owner, LLC member, and partnership disputes, trade secret theft, copyright and trademark infringement, business fraud, non-compete agreements, restrictive covenants, and defense against class action suits.
  2. Reputation for Success: The firm is known for its commitment to client success and has a strong track record of achieving favorable outcomes. They have been recognized for their legal prowess, with Peter Lubin earning the distinction of a “Super Lawyer” and Patrick Austermuehle as a “rising star” by prestigious rating services.
  3. Strategic Legal Approaches: Lubin Austermuehle’s approach is tailored to the unique needs of each case, ensuring that clients receive personalized and effective legal strategies. They are skilled in both negotiation and litigation, enabling them to handle disputes in a manner that best suits the client’s objectives.
  4. Diverse Clientele and Case Experience: The firm has represented clients from various industries and businesses, including both franchisors and franchisees, providing them with a broad perspective on business disputes. They have successfully argued significant class action appeals and represented clients in high-stakes litigation, demonstrating their ability to handle complex legal challenges.
  5. Client-Centric Focus: At Lubin Austermuehle, listening to clients is a top priority. They understand the importance of fully grasping each client’s situation to provide the most effective representation.
  6. Free Consultation: They offer a free consultation, allowing potential clients to discuss their case and understand how the firm can assist them without any initial financial commitment.
  7. Handling Emergency Litigation: The firm is adept at handling emergency commercial litigation, including temporary restraining orders and preliminary injunctions, providing swift legal action when necessary.

In conclusion, Lubin Austermuehle’s depth of experience, successful track record, personalized approach, and comprehensive legal services make them an excellent choice for representing clients in commercial and business disputes. Their commitment to client success, combined with their legal acumen, positions them well to navigate the complexities of business litigation.

Contact us now for a free consultation at 630-333-0333 or online.