ELUSTRA v. MINEO

No. 09-2183.

595 F.3d 699 (2010)

Crystal ELUSTRA and Christine Lopez, as Next Friend of Moriah Elustra and Najati Elustra, Plaintiffs-Appellants, v. Tom MINEO and Brad Fralich, individually and doing business as Buffalo Wild Wings, Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 9, 2010.


Attorney(s) appearing for the Case

Edward M. Fox (argued), Fox & Associates, Chicago, IL, for Plaintiffs-Appellants.

James G. Sotos, Christina S. White (argued), Sotos & Associates, Itasca, IL, for Tom Mineo.

Ronald W. Payne (argued), Lewis Brisbois Bisgaard & Smith LLP, Chicago, IL, for Brad Fralich.

Before FLAUM, WOOD, and SYKES, Circuit Judges.


WOOD, Circuit Judge.

On the surface, this appeal presents a straightforward question: did the district court err when it concluded that the parties reached an enforceable oral agreement to settle their dispute? But we cannot reach that question unless the appellants can overcome several procedural hurdles. The underlying case was brought by Crystal Elustra and her mother Christine Lopez, who appeared as next friend of Crystal's younger sisters, Moriah Elustra and...

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