Failure to State a Claim – Fraudulent Misrepresentation

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7^th Circuit Court of Appeals

Case Name: Sophie P. Toulon v. Continental Casualty Company

Case No.: 16-1510

Officials: ROVNER, WILLIAMS, and HAMILTON, Circuit Judges.

Focus: Failure to State a Claim – Fraudulent Misrepresentation

Toulon now appeals from the district court’s dismissal of the Complaint. We agree with the district court that Toulon failed to state claims for fraudulent misrepresentation, because she did not identify a false statement made by Continental, or for fraudulent omission, because Continental did not owe Toulon a duty to disclose. The district court also properly dismissed Toulon’s claim for violation of the Illinois Consumer Fraud and Deceptive Practices Act (ICFA), which as an Illinois resident was the only consumer fraud statute applicable to Toulon, since she did not identify (1) a deceptive practice engaged in by Continental, (2) a material omission of Continental, or (3) an unfair practice. Finally, the district court was correct to dismiss the count alleging unjust enrichment because Toulon’s claims of fraud and statutory violation, upon which her unjust enrichment claim was based, were legally insufficient and an express contract governed the parties’ relationship.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.