Legal Opinion
Spivey v. Adaptive Marketing LLC
Court of Appeals for the Seventh Circuit
Decided September 20, 2010No. 09-3619PublishedCited by 65 opinions
1Opinion of the Court
O’CONNOR, Associate Justice (Ret.).
Quinten E. Spivey challenges the district court’s grant of summary judgment against him on his claims against Adaptive Marketing for breach of contract and unjust enrichment. Because we find that no reasonable jury could find in favor of Spivey, we affirm the judgment of the district court.
I
Appellant Spivey called a telemarketing number in January 2003 and ordered an Atkins diet product. This dispute arises from the rest of that telephone conversation.
A
Adaptive has produced a partial recording of what it alleges is the conversation between the telemarketer…
2Cases cited15 opinions
- Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
- Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Hagner v. United StatesSupreme Court of the United States · 1932
- ProCD, Inc. v. ZeidenbergCourt of Appeals for the Seventh Circuit · 1996
10 more not listed; retrieve them via the Exa API.
3Cited by65 opinions
- Arnett v. WebsterCourt of Appeals for the Seventh Circuit · 2011
- Katz v. Pershing, LLCCourt of Appeals for the First Circuit · 2012
- Andy Thayer v. Ralph ChiczewskiCourt of Appeals for the Seventh Circuit · 2012
- Moore v. Vital Products, Inc.Court of Appeals for the Seventh Circuit · 2011
- Anthony Maniscalco v. Jay SimonCourt of Appeals for the Seventh Circuit · 2013
60 more not listed; retrieve them via the Exa API.