Carney v. American University
United States Court of Appeals for the District of Columbia Circuit
151 F.3d 1090 (D.C. Cir. 1998)
After Darion Carney (plaintiff) lost her permanent dean position, returned to her prior role, and was later laid off during downsizing at The American University (American) (defendant), she notified American of her intent to sue for discrimination; American responded with a letter suggesting she might be entitled to an additional three months' severance under its personnel policies but never actually paid it. Carney sued for discrimination and separately for retaliation, arguing American's failure to pay the promised severance was retaliatory, and sought to introduce American's letter to prove that retaliation claim; the district court excluded the letter under FRE 408 (barring settlement-related evidence) and granted American summary judgment, and Carney appealed.
Whether, under Federal Rule of Evidence 408, a statement made in settlement negotiations is admissible if introduced to establish an independent claim or violation unrelated to the underlying claim that was the subject of the settlement offer.