United States Seventh Circuit

In a suit alleging breach of an oral promise to make a loan, dismissal of supplemental state-law claims for failure to state a claim is affirmed where: 1) state law required a plaintiff to prove an "enhanced" form of promissory estoppel in order to avoid a statute of frauds defense, by showing that not enforcing the alleged agreement would result in "unjust and unconscionable injury and loss"; and 2) plaintiffs did not claim a duration or degree of reliance sufficient to defeat the statute of frauds defense.

Appellate Information

• Decided 10/17/2008
• Published 10/17/2008

Judges

• POSNER, Circuit Judge., Before POSNER, FLAUM, and EVANS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Steven T. Fulk (argued), Fulk & Associates, Indianapolis, IN, for Plaintiffs-Appellants.


• For Appellees:
  
• Alan S. Brown (argued), Locke Reynolds, Indianapolis, IN, for Defendant-Appellee.