Evidence-Wellborn SU2006 Outline

Procedural posture district court allowed in the

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Unformatted text preview: ting dispute. Example offer of outplacement payment made three weeks after plaintiff was fired, plaintiff had already received severance pay and other benefits, and although plaintiff had not yet filed a claim, he had retained legal counsel. Must be an offer to compromise: 408 protects statements only if they constitute or are made in pursuit of a compromise. Context and character of the statement or offer must evince some element of concession. ROCHESTER MACHINE CORP v. MULACH STEEL CORP. [What constitutes an offer to compromise? FRE 408] Facts: Mulach failed to make repairs to the leased premises and equipment as required in lease agreement with Rochester. Rochester sent a letter to Mulach which presented an itemized list of damages said to be caused during Mulach's occupancy. Mulach sent a letter back, accepting a responsibility for certain things and disclaiming responsibility for others. Procedural Posture: District court allowed in the evidence that Mulach accepted responsibility for certain thi...
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