Eva Nanassy v. Health East, etc. ( 2000 )


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  •                      United States Court of Appeals
    FOR THE EIGHTH CIRCUIT
    ___________
    No. 99-2215
    ___________
    Eva Nanassy,                            *
    *
    Appellant,                 *
    * Appeal from the United States
    v.                                * District Court for the
    * District of Minnesota.
    Health East/St. John&s Hospital,        *
    *      [UNPUBLISHED]
    Appellee.                  *
    ___________
    Submitted: December 29, 1999
    Filed: January 5, 2000
    ___________
    Before BEAM, LOKEN, and MORRIS SHEPPARD ARNOLD, Circuit Judges.
    ___________
    PER CURIAM.
    Eva Nanassy filed this Title VII action against her former employer,
    HealthEast/St. John’s Hospital (HealthEast), claiming she was discriminated against
    because of her national origin and her disability. HealthEast moved to dismiss and
    submitted supporting documents, arguing that a February 1998 settlement agreement
    between the parties released HealthEast from all claims--including Title VII and
    disability discrimination claims--arising out of Nanassy’s employment with HealthEast.
    Nanassy responded and filed supporting documents. After a hearing, the district court1
    granted summary judgment to HealthEast. Nanassy appeals.
    Reviewing de novo, see Winkle v. Southwestern Bell Tel. Co., 
    195 F.3d 418
    ,
    420 (8th Cir. 1999), we hold that this action was barred by the settlement agreement
    between Nanassy and HealthEast, see Pilon v. University of Minn., 
    710 F.2d 466
    , 468
    (8th Cir. 1983) (voluntary release bars future action on all claims covered by release);
    Sorensen v. Coast-to-Coast Stores, 
    353 N.W.2d 666
    , 669 (Minn. Ct. App. 1984)
    (same). Nanassy had legal representation when she entered the settlement agreement,
    and she has not shown that the agreement is invalid based on mistake, duress, or
    unconscionability. See 
    Sorensen, 353 N.W.2d at 670
    (to rescind based on mutual
    mistake, both parties must be mistaken as to material fact; unilateral mistake is not
    grounds for recission unless party seeking enforcement wrongfully concealed facts or
    induced mistake); Bond v. Charlson, 
    374 N.W.2d 423
    , 428 (Minn. 1985) (employee&s
    experience of economic stress does not nullify his or her consent to contract with
    employer in superior bargaining position); Kauffman Stewart, Inc. v. Weinbrenner Shoe
    Co., Inc., 
    589 N.W.2d 499
    , 502 (Minn. Ct. App. 1999) (defining unconscionable
    contract).
    Accordingly, we affirm.
    1
    The HONORABLE JAMES M. ROSENBAUM, United States District Judge
    for the District of Minnesota.
    -2-
    A true copy.
    Attest:
    CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.
    -3-