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OLIVEIRA v. AMOCO OIL CO.

No. 4-98-0199.

726 N.E.2d 51 (2000)

311 Ill. App.3d 886

244 Ill.Dec. 455

Mark OLIVEIRA, Plaintiff-Appellant, v. AMOCO OIL COMPANY, a Corporation, Defendant-Appellee.

Appellate Court of Illinois, Fourth District.

Decided February 9, 2000.

Rehearing Denied April 11, 2000.

Attorney(s) appearing for the Case

Joseph W. Phebus, Phebus & Winkelmann, Urbana, Michael B. Hyman (argued), Much Shelist Freed Denenberg Ament Bell Rubenstein, Chicago, Edward A. Grossman, Seth Lesser, Bernstein, Litowitz, Berger & Grossmann, LLP, New York, NY, Ann D. White, Robert Eisler, Liebenberg & White, Philadelphia, PA, for Mark Oliveira.

Richard C. Godfrey (argued), Scott W. Fowkes, Steven C. Coberly, Kirkland & Ellis, Chicago, Richard L. Thies, John E. Thies, Webber & Thies, P.C., Timothy L. Moorehead, Amoco Oil Company, for Amoco Oil Company.

Justice KNECHT delivered the opinion of the court:

Plaintiff, Mark Oliveira, appeals the dismissal of his complaint based on the Illinois Consumer Fraud and Deceptive Business Practices Act (Act) (815 ILCS 505/1 et seq. (West 1996)) against defendant, Amoco Oil Company, and also appeals from the denial of class certification. Plaintiff contends (1) the trial court erred in dismissing his complaint because it failed to state a cause of action by finding he failed...

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