223187P.pdf   11/14/2023  Jill Hennessey  v.  The Gap, Inc.
   U.S. Court of Appeals Case No:  22-3187
   U.S. District Court for the Eastern District of Missouri - St. Louis   
   [PUBLISHED] [Loken, Author, with Gruender and Benton, Circuit Judges] 
   Civil case - Missouri Merchandising Practices Act. Plaintiff brought this 
   putative class action alleging defendants deceptively advertised sale 
   items because defendants did not sell a substantial quantity of the 
   products at regular prices before selling them as sale items. The district 
   court dismissed the action, and plaintiff appeals. With respect to 
   Missouri Merchandising Practices Act benefit-of-the-bargain claims, these 
   claims sounded in fraud, and plaintiff must meet the rigorous pleading 
   requirements of Rule 9(b); under Missouri law, plaintiff failed plead 
   ascertainable loss, and the district court did not err in dismissing her 
   Missouri Merchandising Practices Act claim; with respect to plaintiff's 
   unjust enrichment claims, plaintiff received what she intended to obtain 
   and paid the advertised price; on these facts there is no unjust 
   enrichment, and the district court did not err in dismissing the claim for 
   failure to state a claim; the district court did not err in dismissing the 
   claims with prejudice.