The following published opinions were released by the U.S. Court of Appeals for the Fifth Circuit on July 31, 2008:

• Bogy v. Ford Motor Co. (King, Wiener, Owen, JJ.; opinion by Owen, J.) (appeal from S.D. Miss.) (on petition for rehearing, withdrawing original opinion and substituting new opinion). Reversing summary judgment in favor of defendant Ford and remanding for further proceedings. Plaintiffs brought a claim that Ford had fraudulently induced them to enter into a settlement agreement by which they released wrongful death claims against Ford. The district court rendered summary judgment in favor of Ford, finding that Mississippi law required the plaintiffs to rescind the settlement agreement and return the settlement proceeds in order to pursue the fraudulent inducement claim. The Fifth Circuit performed an Erie guess and held that Mississippi law was that a settlement agreement should be treated the same as other contracts, as to which the plaintiffs can elect to either rescind the settlement agreement and return the proceeds or maintain an action for damages attendant to the deceit.
• U.S. v. Valle (Jones, C.J., Wiener, Clement, JJ.; opinion by Clement, J.; opinion concurring in part and dissenting in part by Wiener, J.) (appeal from W.D. Tex.). Affirming convictions for bribery and extortion. The Fifth Circuit held that the federal bribery statute was violated upon the acceptance of the bribe, regardless of any showing of intent of the official to actually alter his official duty or to have his performance of official duties be influenced by the bribe; and that the district court did not abuse its discretion in providing a supplemental jury instruction in response to the jury’s request for a piece of evidence that the document sought by the jury was never put into evidence in the case. Judge Wiener concurred in part and dissented in part, opining that the federal bribery statute does require a specific showing of intent of the government official to have the performance of his duties influenced by the bribe.