The Court’s reasoning here does not appear to comport with black letter law. PW filed a motion to dismiss Plaintiff’s first amended complaint wherein PW included (1) a motion to dismiss for failure to state a claim pursuant to 735 ILCS 5/2-615 and (2) a motion to dismiss pursuant to 735 ILCS 5/2-619. PW also argued for a motion to transfer based on forum non conveniens.

Plaintiffs have been similarly unsuccessful at the trial court level. Judge Leroy Martin in the Circuit Court of Cook County (Chancery) dismissed a medical monitoring claim pursuant to defendants’ 735 ILCS 5/2-615 motion to dismiss. See Pierscionek v. Ill. High Sch. Ass’n, 2015 Ill. Cir. LEXIS 24 (Ill. Cir. Ct. October 27, 2015).

Plaintiffs have been similarly unsuccessful at the trial court level. Judge Leroy Martin in the Circuit Court of Cook County (Chancery) dismissed a medical monitoring claim pursuant to defendants’ 735 ILCS 5/2-615 motion to dismiss. See Pierscionek v. Ill. High Sch. Ass’n, 2015 Ill. Cir. LEXIS 24 (Ill. Cir. Ct. October 27, 2015).

McCleary v. Wells Fargo Securities, LLC, 2015 Ill. App. 141287 (March 17, 2015, opinion corrected March 23, 2015). Defendant moved to dismiss the complaint pursuant to 735 ILCS 5/2-615, arguing that it had the full discretion to deny plaintiff a bonus and, thus, plaintiff can never seek a legal remedy for an abuse of that discretion, among other things.The Circuit Court agreed with the Defendant and found that the language of the Plan gave the defendant the "absolute discretion to determine whether a bonus should be awarded and, if so, the amount, ultimately undermines the claim here on all counts."