## Facts

- A neurosurgery practice and one of its physician-shareholders sued a former patient of another physician in the practice for defamation based on statements allegedly made to a hospital.
- The suit alleged the patient falsely reported that the physician entered her hospital room while she was undressed, examined her with the door open, and had been dismissed from other hospital staffs for similar conduct.
- The plaintiffs alleged the statements were knowingly false and malicious, supporting claims of defamation per se and per quod.
- The patient filed a counterclaim against the plaintiffs for abuse of process, alleging the defamation suit was brought for an improper purpose rather than to remedy defamation.
- The patient also filed a third-party complaint against a nurse employed by the practice (and other third parties, including attorneys and law firms) alleging fraudulent misrepresentation tied to the litigation and related events.
- The circuit court dismissed the counterclaim and third-party complaint under 735 ILCS 5/2-615 for failure to state a claim.

## Issues

1. Whether the counterclaim sufficiently alleged abuse of process, including both an ulterior purpose and an improper act in the use of process.
2. Whether the third-party complaint sufficiently pleaded fraudulent misrepresentation with the required specificity, including false statements of material fact, justifiable reliance, and resulting damages.

## Decision

- The appellate court affirmed the section 2-615 dismissals and reviewed the pleadings de novo.
- The abuse-of-process counterclaim was insufficient because it alleged, at most, an improper motive for filing the defamation action and did not allege misuse of any specific legal process after issuance.
- The fraudulent-misrepresentation third-party complaint was insufficient because it relied on conclusory assertions and did not identify with particularity the who/what/when/where of any false statement, how the claimant relied, or how reliance caused damages.

## Legal Principles

- Abuse of process requires (1) an ulterior purpose and (2) an improper act in the use of process that is not proper in the regular prosecution of the proceeding.
- The mere filing or maintenance of a lawsuit, even if allegedly retaliatory or malicious, does not establish abuse of process absent a post-filing misuse of process to obtain a collateral objective.
- Fraudulent misrepresentation requires a false statement of material fact, knowledge of falsity (or reckless disregard), intent to induce action, justifiable reliance, and damages.
- Fraud must be pleaded with specificity; conclusory allegations of “fraud” or “misrepresentation,” especially when based on litigation conduct or positions, are insufficient under section 2-615.

## Conclusion

The court affirmed dismissal because the abuse-of-process claim did not allege any improper post-filing use of legal process, and the fraud claim failed to plead specific misrepresentations, reliance, and damages as required to state a cause of action.


Neurosurgery & Spine Surgery, S.C. v. Goldman, 339 Ill. App. 3d 177, 790 N.E.2d 925 (Ill. App. Ct. 2d Dist. 2003)