Two cases recently decided by the U.S. Court of Appeals for the Eleventh Circuit indicate that district courts should interpret settlement agreements to broadly release claims, and that plaintiffs should not appeal orders containing such interpretations. Specifically, the court emphasized that plaintiffs who want to appeal such orders must be found in contempt of court before doing so. Thomas v. Blue Cross & Blue Shield Ass’n (“Robertson“), 594 F.3d 823, 831(11th Cir. 2010); Thomas v. Blue Cross & Blue Shield Ass’n (“Kolbusz“), 594 F.3d 814, 819 (11th Cir. 2010).
In a typical class action settlement agreement, a class of plaintiffs releases the defendants from a defined set of claims. This release becomes an injunction once the settlement agreement is approved and entered by the court, as is required by Federal Rule of Civil Procedure 23. After that, if a class member asserts a released claim, the defendants can ask the court that entered the agreement to issue a new order that directs the class member to withdraw his or her new claim.
