Federal 7th Circuit Court
Civil Court
Class Action
Dist. Ct. did not err in allowing defendant in instant class action to reimburse itself from $75 million settlement fund that defendant had previously funded for “post settlement claims” from class members that were allowed by terms of settlement to sue defendant. Terms of settlement did not restrict defendant’s ability to settle class members’ claims, and Ct. rejected class counsel’s contention that defendant was required to reimburse settlement for money spent on those claims that could have been defeated by asserting statute of limitations defense or were otherwise without merit. Moreover, while terms of settlement precluded defendant from settling subsequent class actions filed by instant class members, record showed that all of large quantity of claims settled by defendant had been filed by individual claimants.