JOSEPH BAPTIST, RICHARD BROOKS, PRICE DUMAS, WILLIE HUNT, and LAMONT UPTON v. CITY OF KANKAKEE and MIKE KINKADE

United States Court of Appeals
For the Seventh Circuit
Chicago, Illinois 60604
March 26, 2007
Before
Hon. JOEL M. FLAUM,
Circuit Judge
Hon. MICHAEL S. KANNE,
Circuit Judge
Hon. DIANE S. SYKES,
Circuit Judge
No. 05-4034
JOSEPH BAPTIST,
RICHARD BROOKS, PRICE
DUMAS, WILLIE HUNT, and
LAMONT UPTON,
Plaintiffs-Appellants,
v.
CITY OF KANKAKEE and
MIKE KINKADE,
Defendants-Appellees.
Appeal from the United States
District Court for the
Central District of Illinois.
No. 03 C 2115
Michael P. McCuskey,
Judge.
O R D E R
The opinion issued March 19, 2007, is amended as follows:
Remove the following sentence and citation from the slip opinion, p. 8: “The
enforceability of a Title VII settlement is a question of federal law, under which an
oral settlement constitutes a binding contract if there was an offer, an acceptance,
and consideration.
Taylor, 793 F.2d at 862.”
Substitute the following sentence in its place: “Whether a Title VII
settlement was knowing and voluntary is a question of federal law,
Pierce, 65 F.3d
at 571, but the question of whether the parties entered into an enforceable oral
settlement agreement is governed by state law, and oral settlement agreements are

-- 1 of 2 --

No. 05-4034 Page 2
enforceable contracts under Illinois law.
Lynch, Inc. v. SamataMason Inc., 279 F.3d
487, 490 (7th Cir. 2002).”
Add the following parenthetical on p. 9, immediately following the citation to
Wagner v. NutraSweet Co., 95 F.3d 527, 532 (7th Cir. 1996): “(Illinois law).”

-- 2 of 2 --