Dorette Brownlee v. Hospira, Inc.

Seventh Circuit

Dorette Brownlee v. Hospira, Inc.

869 F.3d 509, 2017 WL 3167337, 2017 U.S. App. LEXIS 13543

CourtCourt of Appeals for the Seventh Circuit

DecidedJuly 26, 2017

Docket16-2005

StatusPublished

This text of 869 F.3d 509 (Dorette Brownlee v. Hospira, Inc.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Dorette Brownlee v. Hospira, Inc., 869 F.3d 509, 2017 WL 3167337, 2017 U.S. App. LEXIS 13543 (7th Cir. 2017).

Pincite

Opinion

POSNER, Circuit Judge.

The plaintiff sued the defendant, her former employer, charging that discharging her had violated Title VII of the Civil Rights Act of 1964. The parties agreed in writing to settle the litigation rather than litigate to judgment, but their agreement provided that there would be “[n]o binding agreement until the typed settlement agreement is signed” — which it never was. The plaintiffs lawyer did negotiate a proposed settlement agreement with the defendant’s lawyer, but the written terms made clear that this was not the “binding agreement” to which the parties had referred. Nevertheless the district judge treated it as such, ruling that the litigation had been ended by a settlement and by so ruling precipitating this appeal by the plaintiff.

The parties had agreed in writing however that there would be no binding agreement until the typed settlement agreement was signed, and it never was by either the plaintiff or her lawyer. There was therefore no agreement that bound the plaintiff, whose appeal asks us to vacate the district court’s decision on the ground that there was no settlement terminating the litigation. We therefore vacate the decision of the district court and remand for further proceedings in that court; since we have determined that there has been no settlement, the case remains open in the district court.

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POSNER, Circuit Judge.

The plaintiff sued the defendant, her former employer, charging that discharging her had violated Title VII of the Civil Rights Act of 1964. The parties agreed in writing to settle the litigation rather than litigate to judgment, but their agreement provided that there would be “[n]o binding agreement until the typed settlement agreement is signed” — which it never was. The plaintiffs lawyer did negotiate a proposed settlement agreement with the defendant’s lawyer, but the written terms made clear that this was not the “binding agreement” to which the parties had referred. Nevertheless the district judge treated it as such, ruling that the litigation had been ended by a settlement and by so ruling precipitating this appeal by the plaintiff.

The parties had agreed in writing however that there would be no binding agreement until the typed settlement agreement was signed, and it never was by either the plaintiff or her lawyer. There was therefore no agreement that bound the plaintiff, whose appeal asks us to vacate the district court’s decision on the ground that there was no settlement terminating the litigation. We therefore vacate the decision of the district court and remand for further proceedings in that court; since we have determined that there has been no settlement, the case remains open in the district court.

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Bluebook (online)

869 F.3d 509, 2017 WL 3167337, 2017 U.S. App. LEXIS 13543, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dorette-brownlee-v-hospira-inc-ca7-2017.