United States Seventh Circuit

In plaintiff's motion for class certification, seeking relief under both the Illinois Consumer Fraud (ICFA) and Deceptive Business Practices Act and the common law doctrine of unjust enrichment, in his suit against five of the eight largest oil companies, district court's denial of class certification and entry of summary judgment for the defendants are affirmed where: 1) district court did not abuse its discretion in determining that questions of fact common to class members did not predominate over any questions affecting only individual members; 2) plaintiff's ICFA claim is rejected as he cannot show that the defendants' conduct caused him to purchase their gasoline; and 3) absent that the defendants engaged in unfair practice, plaintiff's unjust enrichment claim is not viable.

Appellate Information

• Argued 04/19/2010
• Decided 07/30/2010
• Published 07/30/2010

Judges

• BAUER

Court

• United States Seventh Circuit

Counsel