Prior to the U.S. Oil & Gas decision, the federal courts had only considered settlement bars as related to non-settling defendants. In the U.S. Oil & Gas case, all of the defendants sought to settle with the plaintiff. 2 Only one settling defendant chose to contest the entry of the bar order. 3 In U.S. Oil & Gas, the Eleventh Circuit Court of Appeals was faced with a defendant who settled with the plaintiff but opposed an order barring its seemingly independent claims against the third-party defendant who also settled. For this reason it was a case of first impression. 14
Craig Richard Heidemann,,
Class Action Settlement Bars, Cross Claims, and Co-Defendants: The Search for a Uniform Standard - In re U.S. Oil & (and) Gas Litigation,
1993 J. Disp. Resol.
Available at: https://scholarship.law.missouri.edu/jdr/vol1993/iss1/12