United States Seventh Circuit

In a Title VII discrimination case, denial of plaintiffs' motion to vacate an agreed judgment order is affirmed where: 1) a plaintiff who enters into a Title VII settlement on the advice of independent counsel is presumed to have done so knowingly and voluntarily absent a claim of fraud or duress; 2) collateral arguments regarding the adequacy of counsel's advice cannot rebut this presumption; 3) the district court did not abuse its discretion in evaluating the circumstances surrounding the settlement and denying the plaintiffs' motion to vacate the judgment; and 4) an oral settlement agreement is binding if supported by consideration.

Appellate Information

• Decided 03/19/2007
• Published 03/19/2007

Judges

• SYKES, Circuit Judge., Before FLAUM, KANNE, and SYKES, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Kenneth N. Flaxman (argued), Chicago, IL, for Plaintiffs-Appellants.


• For Appellees:
  
• Stanley L. Morris (argued), Quinn, Johnston, Henderson & Pretorius, Springfield, IL, Christopher W. Bohlen, Barmann, Kramer & Bohlen, Kankakee, IL, for Defendants-Appellees.