A New Trend in the Law of Privilege: The Federal Settlement Privilege and the Proper Use of Federal Rule of Evidence 501 for the Recognition of New Privilege
By , February 8, 2012
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This article concerns the newly recognized settlement privilege, which is a privilege between adverse parties for communications made at the bargaining table while attempting to settle a dispute. The author discusses the history behind the settlement privilege’s recent emergence in the Sixth Circuit, its relation to the legislative history of Federal Rule of Evidence 501, as well as the proper use of the settlement privilege in court.
