United States Fifth Circuit

On petition for rehearing 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 reversed and remanded where Mississippi law is unclear as to whether plaintiffs were first required to rescind the settlement agreement and return the proceeds they had received under it.

Appellate Information

• Decided 07/31/2008
• Published 07/31/2008

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.