United States Seventh Circuit

In an action for fraud, district court judgment dismissing plaintiff's case is affirmed where: 1) the court properly dismissed plaintiff's claim under the Illinois Consumer Fraud and Deceptive Business Practices Act for lack of standing as the circumstances of the alleged fraudulent activity did not occur primarily and substantially in Illinois; 2) the court properly concluded that plaintiff failed to state an actionable claim of common-law fraud as none of the alleged statements made by defendant gave rise to a duty to disclose; and 3) the court properly dismissed plaintiff's claim under the RICO statute as his allegations are insufficient to state a claim based on an association-in-enterprise or a claim that defendant controlled the operation or management of the organization defendant sold its insurance through.

Appellate Information

• Argued 03/31/2008
• Decided 08/05/2009
• Published 08/05/2009

Judges

• SYKES, Circuit Judge., Before KANNE, EVANS, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Daniel J. Becka, Cherry & Associates, Chicago, IL, Daniel E. Bacine, Mark R. Rosen (argued), Barrack, Rodos & Bacine, Philadelphia, PA, for Plaintiff-Appellant.


• For Appellees:
  
• Lawrence R. Desideri (argued), David J. Doyle, Winston & Strawn, Chicago, IL, for Defendant-Appellee.