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MATSUURA v. ALSTON & BIRD

Nos. 97-16400, 97-17033.

166 F.3d 1006 (1999)

David MATSUURA, individually and dba Orchid Isle Nursery, and Stephen Matsuura, individually and dba Hawaiian Dendrobium Farm, Plaintiffs-counter defendants-Appellants, v. ALSTON & BIRD, a Georgia partnership including professional corporations, Defendant, and E.I. duPont de Nemours and Company, Inc., a Delaware Corporation, Defendant-counter plaintiff-Appellee. David Matsuura, individually dba Orchid Isle Nursery; Stephen Matsuura, individually dba Hawaiian Dendrobium Farm, Plaintiffs-Appellants, v. E.I. duPont de Nemours and Company, Inc., a Delaware Corporation, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided February 2, 1999.

Attorney(s) appearing for the Case

Stephen T. Cox, Molligan, Cox & Moyer, San Francisco, California, for the plaintiffs-appellants.

William H. Boice and A. Stephens Clay, Kilpatrick Stockon, Atlanta, Georgia, for the defendant-appellee.

Before: BROWNING, GOODWIN, and SCHROEDER, Circuit Judges.

PER CURIAM:

After settling their product liability suits against E.I. du Pont de Nemours and Company, Inc. (DuPont), David and Stephen Matsuura allegedly discovered that DuPont had fraudulently induced them to settle for less than the fair value of their claims. They sued DuPont1 for fraud, but the district court held the suit was barred by general releases in the settlement agreements. We conclude that under Delaware law, which governs...

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