Although Rule 408 does preclude some settlement evidence from being admitted in litigation, it is a mistake, and potentially a dangerous one, to believe that any documents or communications bearing the label of “For Settlement Purposes Only” will necessarily fall within the scope of Rule 408. Lawyers must have a clear understanding of the limitations to Rule 408’s protection of settlement evidence.
In the August 31, 2023 Edition of The Legal Intelligencer, Edward Kang wrote “Not a Blanket Protection: Understanding Limits of Protections for Settlement Evidence“. Continue reading ›