Rule 408. Compromise and offers to compromise
Source:
Section 40.190 — Rule 408. Compromise and offers to compromise, https://www.oregonlegislature.gov/bills_laws/ors/ors040.html.
See also annotations under ORS 41.810 in permanent edition.
Notes of Decisions
Informing jury that plaintiff had settled with another potential defendant prior to suit so jury would not speculate on absence was not offering evidence of settlement “for another purpose” and so was improper. Holger v. Irish, 316 Or 402, 851 P2d 1122 (1993)
Workers’ Compensation Board correctly considered offer to settle spouse’s derivative claim in determining reasonableness of proposed settlement of claimant’s underlying claim. Weems v. American International Adjustment Co., 123 Or App 83, 858 P2d 914 (1993), aff’d 319 Or 140, 874 P2d 72 (1994)
Admission of prior pleadings did not cause evidence of settlement with second defendant to become independently relevant to claim. Pounds v. Holy Rosary Medical Center, 127 Or App 221, 872 P2d 437 (1994)
In determining whether to award attorney fees, court may consider offer of compromise as evidence of objective reasonableness of parties and attorneys. Bidwell and Bidwell, 173 Or App 288, 21 P3d 161 (2001)
Party may offer evidence of completed settlement agreement to establish that agreement limited scope or amount of current claim. Cyberco Holdings, Inc. v. Con-Way Transportation Services, Inc., 212 Or App 576, 159 P3d 359 (2007), Sup Ct review denied
Where plaintiff offered settlement communications to show real estate “market conditions” and “fair value” of properties, those communications are inadmissible under this section because they were offered to calculate amount of plaintiff’s claim against defendant. Washington Federal Savings and Loan v. Cheung, 275 Or App 618, 365 P3d 652 (2015)
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