SPIVEY v. ADAPTIVE MARKETING, LLC

Case No. 07-cv-0779-MJR.

660 F.Supp.2d 940 (2009)

Quinten E. SPIVEY, individually and on behalf of others similarly situated, Plaintiff, v. ADAPTIVE MARKETING, LLC, Defendant.

United States District Court, S.D. Illinois.

September 23, 2009.


Attorney(s) appearing for the Case

Mark L. Brown, Robert W. Schmieder, II, Lakinchapman, LLC, Wood River, IL, for Plaintiff.

Nader R. Boulos, Kelly L. Guzman, Kirkland & Ellis LLP, Chicago, IL, Troy A. Bozarth, Edwardsville, IL, for Defendant.


MEMORANDUM AND ORDER

REAGAN, District Judge.

I. Introduction & Procedural Background

According to the Oxford English Dictionary, the phrase "caveat emptor," let the buyer beware, has been part of the English language since 1523, when it was used in connection with the sale of a horse, which might have been ridden upon and be tame or might be "wylde." If "wylde," it was not the merchant who had to beware, but "caveat emptor...

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