Pierce v. F.R. Tripler & Company
United States Court of Appeals for the Second Circuit
955 F.2d 820 (2d Cir. 1992)
After Tripler (defendant) declined to promote employee Pierce (plaintiff) before discharging him, Pierce's attorney raised a potential age-discrimination claim and the parties met but failed to settle; Tripler then offered Pierce a job at a subsidiary, which Pierce declined before suing for age discrimination, and at trial Tripler sought to introduce that job offer to show Pierce failed to mitigate his damages. The district court excluded the offer and ruled for Pierce, and Tripler appealed, arguing Rule 408 shouldn't bar a settlement offer when introduced by the very party who made it.
Whether evidence of a settlement offer is inadmissible to prove liability or the amount of a claim regardless of which party seeks to introduce it.