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.
Read Rao v. BP Products N. America, Inc., No. 07-2065
Appellate Information
Appeal from the United States District Court for the Northern District of Illinois, Eastern Division
Decided December 9, 2009
Judges
Before: Bauer, Flaum, and Williams, Circuit Judges
Opinion by Williams, Circuit Judge
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