Helpful Hints
  • (1) You can search the entire content of Dean’s by phrase or by individual words. Just type your keywords into the search box and then pull down the search icon on the right and choose the option you need: search by word or by phrase or reset the content.
  • (2) Double click on a word in the content of a definition, and if the word is listed as a keyword in Dean’s, it will look that word up.
  • (3) You can use the search function to help jump the scrolling function. Simply type the first 2-3 letters into the search box then hit enter on your keyboard and the scroll will go to those Keywords that begin with those letters and allow you to scroll from there.

 Although settlement letters are inadmissible to prove liability or amount, they are admissible 'when the evidence is offered for another purpose.' FED. R. EVID. 408. In particular, such correspondence can be used to establish an independent violation unrelated to the underlying claim which was the subject of the correspondence. See Eisenberg v. University of N.M., 936 F.2d 1131, 1134 (10th Cir. 1991) (affidavit obtained in settlement negotiations admissible to impose Rule 11 liability); Urico v. Parnell Oil Co., 708 F.2d 852, 854-55 (1st Cir. 1983) (evidence of settlement negotiations admissible to show interference with efforts to mitigate damages); Resolution Trust Corp. v. Blasdell, 154 F.R.D. 675, 681 (D.Ariz. 1993) (finding admissible evidence of settlement negotiations used to prove retaliatory motive); see also 23 CHARLES ALAN WRIGHT & KENNETH W. GRAHAM, JR., FEDERAL PRACTICE AND PROCEDURE § 5314, at 282 (1980) ('Rule 408 is [] inapplicable when the claim is based upon some wrong that was committed in the course of settlement discussions; e.g., libel, assault, breach of contract, unfair labor practice, and the like.').  

Register or login to access full content