United States Fifth Circuit

In an action in which plaintiffs alleged that they were entitled to pursue damages arising from claims they released in settlement of a prior wrongful death suit because the settlement agreement was induced by fraud, summary judgment for defendants is affirmed where plaintiffs failed to rescind the settlement agreement and return the proceeds they had received under it, as required by Mississippi law.

Appellate Information

• Decided 01/16/2008
• Published 01/17/2008

Judges

• OWEN, Circuit Judge:, Before KING, WIENER, and OWEN, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Pat M. Barrett, Jr., Barrett Law Office, Lexington, MS, Brenda B. Bethany, C. Michael Ellingburg, Daniel, Coker, Horton & Bell, Jackson, MS, Clyde Tab Turner (argued), Turner & Associates, North Little Rock, AR, Walter Ralph Hagedorn, Hagedorn Law Office, Tell City, IN, for Plaintiffs-Appellants., Robert L. Hodges, Earle Duncan Getchell (argued), Leo John McDermott Boyd, McGuire Woods, Richmond, VA, Walker W. Jones, III, Tiffanee N. Wade-Henderson, Baker, Donelson, Bearman, Caldwell & Berkowitz, Jackson, MS, for Ford Motor Co.