Bankcard America, Inc. v. Universal Bancard Systems, Inc.
United States Court of Appeals for the Seventh Circuit
203 F.3d 477 (2000)
Bankcard America (plaintiff) sued Universal Bancard Systems (defendant) for breach of a contract barring Universal from steering signed-up merchants to Bankcard's competitors. After Bankcard terminated the contract, Universal rolled over certain accounts to a competitor, explaining it believed it had reached a settlement permitting the move. At the first trial, the judge admitted limited settlement-discussion evidence to explain Universal's reasoning, while barring the terms "settlement" or "negotiation"; the jury found for Universal, but the verdict was vacated for other errors, including that evidentiary ruling, prompting Universal's appeal.
Whether evidence of settlement negotiations is admissible when offered to explain a party's conduct rather than to prove or disprove liability.