Appellate Court of Illinois

In a nation-wide class action against defendants for alleged deceptive business practices and resulting damages in violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (Act), grant of defendant's motion to dismiss on grounds that plaintiff could not sue under the Act is affirmed where: 1) defendant's underlying activities did not create additional circumstances that relate to the alleged misrepresentation; and 2) the majority of circumstances relating to the alleged violation of the Act occurred outside of Illinois.

Appellate Information

• Decided 03/26/2008
• Published 03/27/2008

Judges

• Justice CUNNINGHAM delivered the opinion of the court:

Court

• Appellate Court of Illinois

Counsel

• For Appellant:
  
• Futterman & Howard, Chartered, Chicago (Ronald L. Futterman and William W. Thomas, of counsel) and Garwin Gerstein & Fisher, LLP, New York, NY (Scott W. Fisher and Anne Fornecker, of counsel), for Appellant.


• For Appellees:
  
• Wildman, Harrold, Allen & Dixon, Chicago (Michael L. McCluggage, Brent R. Austin and R. John Street, of counsel), for Appellees.