Lee D. Froehlich - Page 16

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          when it is being offered to show liability, or that some                    
          underlying claim is invalid.  Id.                                           
               The legislative history of rule 408 of the Federal Rules of            
          Evidence indicates that the purpose thereof is to encourage                 
          settlements.  See United States v. Contra Costa County Water                
          Dist., 678 F.2d 90, 92 (9th Cir. 1982); Central Soya Co. v.                 
          Epstein Fisheries, Inc., 676 F.2d 939, 944 (7th Cir. 1982);                 
          Hulter v. Commissioner, 83 T.C. 663, 665 (1984).  The underlying            
          premise is that, without the rule, settlement negotiations would            
          be inhibited if the parties knew that statements made in the                
          course of settlement might later be used against them as                    
          admissions of liability.  United States v. Contra Costa County              
          Water Dist., supra at 92; Central Soya Co. v. Epstein Fisheries,            
          Inc., supra at 944; Hulter v. Commissioner, supra at 665.4                  
               Petitioner contends that a meeting with respondent's counsel           
          was a settlement conference, and, hence, statements made by                 

               4 See also Saltzburg & Redden, Federal Rules of Evidence               
          Manual, 191 (3d ed. 1982):                                                  
                    In most cases * * * the Court should                              
                    decide against admitting statements made                          
                    during settlement negotiations as impeachment                     
                    evidence when they are used to impeach a                          
                    party who tried to settle a case but failed.                      
                    The philosophy of the Rule [408] is to allow                      
                    the parties to drop their guard and to talk                       
                    freely and loosely without fear that a                            
                    concession made to advance negotiations will                      
                    be used at trial.  Opening the door to                            
                    impeachment evidence on a regular basis may                       
                    well result in more restricted negotiations.                      




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