I have a question about the statement you made at 2:14 where you said, "We know we did a bunch of things wrong as the defendants in this case. We want to make it right; we want to move on and allow you to move on plaintiff. That statement can't be used." Why would that statement be inadmissible if there is no dispute? Is what you're saying that there was an initial dispute between the parties, and the defendant is now wanting to negotiate, so his/her statement of conceding is protected under rule 408?
The FRE including Rule 408 govern admissibility of evidence at trial. A rejected offer to settle is inadmissible at trial. Usually other agreements or terms of fair dealing prohibit those same parties from disclosing it to the public.
@@professorporter So if there is no trial, then it may be disclose to the general public? Subject to no confidentiality clauses, non-disclosure agreements, or other sensitive information such as HIPPA.
Usually NDA is upon resolution/settlement of the civil action. Courts typically use protective orders to protect sensitive information exchanges during the litigation.
Great video... Suggestion: get a "pop filter" for your headset to mitigate the popping noises in the audio that come from your breath.
so much more clear than my textbook. thank you Professor
Hi, professor, can this rule apply divorce settlement communication? There are compromise offers too!
This was great!!! Thank you :)
Aloha and mahalo from Pitt Law!
Thank you so much! Just started my second semester of my 1L. This was extremely helpful.
Glad to hear it. Good luck when you take evidence!
Great video! Super helpful!!
Thank you!
thank you for this! my final is tomorrow and i found this very helpful
I'm so glad!
I have a question about the statement you made at 2:14 where you said, "We know we did a bunch of things wrong as the defendants in this case. We want to make it right; we want to move on and allow you to move on plaintiff. That statement can't be used." Why would that statement be inadmissible if there is no dispute? Is what you're saying that there was an initial dispute between the parties, and the defendant is now wanting to negotiate, so his/her statement of conceding is protected under rule 408?
Yes. There was a “dispute” and the statement is protected under Rule 408.
Hello, quick question: If a settlement offer has been declined/rejected, can you now disclose that settlement offer to the general public?
The FRE including Rule 408 govern admissibility of evidence at trial. A rejected offer to settle is inadmissible at trial. Usually other agreements or terms of fair dealing prohibit those same parties from disclosing it to the public.
@@professorporter So if there is no trial, then it may be disclose to the general public? Subject to no confidentiality clauses, non-disclosure agreements, or other sensitive information such as HIPPA.
How often do you see a mutual NDA accompanied with an FRE 408?
Usually NDA is upon resolution/settlement of the civil action. Courts typically use protective orders to protect sensitive information exchanges during the litigation.