nt that contemplates later formalization is a binding contract. SeeWilson v. Wilson , 46 F.3d 660, 664-67 (7th Cir. 1995) (affirming enforcement of an oral settlement agreement, after repeated assurances by the defendants that a binding settlement agreement had been reached, even though it did not specify the legal form that the mutual releases would take); In re Marriage of Cole & McElwain , 2018 WL 650475, at *5-6 (Ill. App. Jan. 30, 2018) (affirming enforcement of an oral settlement agreement where "enforcement of that agreement was not contingent on an executed agreed order" and where the agreement "was clear, certain, and definite in its material provisions," even though payment dates were undetermined); Ice Glass Prints Fla., LLC v. Surprize LLC , 2010 WL 1702195, at *5-7 (N.D. Ill. Apr. 27, 2010) (enforcing an oral settlement agreement where "agreement as to all of the material terms was reached," even though the use of certain names, trademarks, and logos remained unresolved); Flood v. Ty, Inc. , 2005 WL 994579, at *11 (N.D. Ill. Apr. 5, 2005) (enforcing an oral settlement agreement that resolved "the essential and material terms of the settlement agreement," despite one party subsequently raising issues related to confidentiality and the release of an attorney's lien)

More to the point, the terms to which Pomerantz objected were plainly material, which necessarily means that no contract was formed. See Higbee v. Sentry Ins. Co., 253 F.3d 994, 997 (7th Cir. 2001) ("we think many defendants would agree that the most material term in any settlement agreement is the release"); Abbott Labs., 164 F.3d at 388 (holding that "details of the release provisions ... in settlement agreements are inherently material"); Flood v. Ty, Inc., 2005 WL 994579, at *11 (N.D. Ill. Apr. 5, 2005) (holding that settlement amount, mutual releases, and agreement to dismiss the plaintiff's case "were the essential and material terms of the settlement agreement"). Illinois law holds that "an acceptance requiring any modification or change in terms constitutes a rejection of the original offer and becomes a counteroffer that must be accepted by the original offeror before a valid contact is formed.

While a contract may be enforced if some terms are missing or incomplete, "if the essential terms are so uncertain that there is no basis for deciding whether the agreement has been kept or broken there is no contract." Detella, 2005 U.S. Dist. LEXIS 17546, at *7-8 (quoting Acad Chi. Publishers v. Cheever, 144 Ill. 2d 24, 30, 578 N.E.2d 981, 984 (Ill. 1991) (citations omitted)). Courts within the Seventh Circuit have enforced settlement agreements when the parties agreed on the amount to be paid, although other terms had not been agreed upon. E.g., Wilson, 46 F.3d at 667 (affirming the enforcement of an oral settlement agreement despite the fact that the agreement did not specify whether there would be mutual releases or covenants not to sue); Flood v. Ty, Inc., 2005 U.S. Dist. LEXIS 7974 (N.D. Ill. Apr. 5, 2005) (recommending enforcement of oral settlement agreement notwithstanding subsequently-raised issues of confidentiality and release of attorney's lien), adopted and case dismissed with prejudice, Flood v. Ty, Inc., No. 02 C 9497 (N.D. Ill. Nov. 29, 2005). Based upon the standards articulated above, it is clear that an agreement as to all of the material terms was reached in this case.

Wilson, 46 F.3d at 667. Courts within the Seventh Circuit have enforced settlement agreements when the parties agreed on the amount to be paid, although other terms had not been agreed upon. E.g., Wilson, 46 F.3d at 667 (affirming the enforcement of an oral settlement agreement despite the fact that the agreement did not specify whether there would be mutual releases or covenants not to sue); Flood v. Ty, Inc., No 02 C 9497, 2005 U.S. Dist. LEXIS 7974 (N.D. Ill. Apr. 5, 2005) (recommending enforcement of oral settlement agreement notwithstanding subsequently-raised issues of confidentiality and release of attorney's lien), adopted and case dismissed with prejudice, Flood v. Ty, Inc., No. 02 C 9497 (N.D. Ill. Nov. 29, 2005). Based upon the standards articulated above, it is clear that an agreement as to all of the material terms was reached in this case.

Conversely, Mr. Dillard's at-will employee status was never discussed during the settlement negotiations, even though other, more seemingly mundane details (such as how many times he would be permitted to take the B Welder exam and whether Starcon would pay for his training) were discussed and ultimately agreed upon. See Flood v. Ty, Inc., No. 02 C 9497, 2005 U.S. Dist. LEXIS 7974, at *39. (N.D.Ill. April 5, 2005) (stating that confidentiality and release provisions not discussed in oral settlement negotiations are not material terms of an oral settlement agreement.) The Court again notes that, during the course of his employment with Starcon, Mr. Dillard had always been an at-will employee, as had all of his non-unionized coworkers.