Evidence-Wellborn SU2006 Outline

Evidence of conduct or statements made in compromise

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Unformatted text preview: e "steep hill ahead" Note 4: Product liability cases (important in a general sense) Issue where federal law and Texas law are now on the same page...both say the protection applies in products liability cases, which is not very strict anymore...is basically negligence. Harvester case: CA still a very plaintiff-friendly SC in product cases the theory was liability doesn't require negligence this evidentiary rule is a statute- can only interpret, not modify it Compromise and Offers to Compromise [FRE 408 410] FRE 408: Compromise and Offers to Compromise. Evidence of (1) furnishing or offering or promising to furnish, or (2) accepting or offering or promising to accept, a valuable consideration in compromising or attempting to compromise a claim which was disputed as to either validity or amount, is not admissible to prove liability for the invalidity of the claim or its amount. Evidence of conduct or statements made in compromise negotiations is likewise inadmissible. Rule does not require the exclusion of any evidence otherwise discoverable merely because it is presented in the course of compromise negotiations. (Ex: Rule also d...
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