United States Seventh Circuit

In plaintiff's suit against BP alleging Petroleum Marketing Practices Act (PMPA), RICO, fraud, breach of contract, and extortion claims arising from BP's termination of its franchise relationship with plaintiff at his two BP gas stations, judgment in favor of BP is affirmed where: 1) BP acquired knowledge of plaintiff's failure to comply with a franchise provision when he stopped cooperating with BP's investigation, so notice was timely; and 2) dismissal of plaintiff's claims under RICO and common law fraud is affirmed because the allegations in the complaint did not sufficiently state a claim on either count.

Appellate Information

• Argued 04/18/2008
• Decided 12/09/2009
• Published 12/09/2009

Judges

• WILLIAMS, Circuit Judge., Before BAUER, FLAUM, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Peter Ordower, Attorney (argued), Chicago, IL, for Plaintiff-Appellant.


• For Appellees:
  
• J. Andrew Langan, Attorney (argued), Kirkland & Ellis, Chicago, IL, Stephen A. Gorman, Attorney (argued), Chicago, IL, Shelly B. Kulwin, Jeffrey R. Kulwin, Attorney (argued), Kulwin, Masciopinto & Kulwin, Chicago, IL, for Defendants-Appellees.