- 32 - 155 calculation under certain circumstances. Petitioners in their reply brief did not dispute respondent’s contention. Therefore, Exhibit 10-J has been admitted into evidence for that purpose. Exhibits 16-J and 19-J are documents reflecting the settlement agreement between Mr. Blonien and the trustee of Finley Kumble’s bankruptcy estate regarding Mr. Blonien’s agreement to make payments as part of Finley Kumble’s reorganization plan. The settlement document refers to Mr. Blonien as a “partner”. Petitioners argue that the documents are not admissible under rule 408 of the Federal Rules of Evidence because the statements were made in settlement of a dispute. We do not agree with petitioners. Rule 408 only bars the admissibility of evidence to “prove liability for * * * the claim or its amount.” Mr. Blonien’s settlement is not offered in this proceeding to prove liability for or the amount of the bankruptcy trustee’s claim against Mr. Blonien. See Bituminous Constr., Inc. v. Rucker Enters., Inc., 816 F.2d 965 (4th Cir. 1987) (letters containing settlement offers were properly admitted to show the defendant’s understanding of its obligations under a joint-check agreement). The settlement agreement is being offered for the purpose of impeaching Mr. Blonien’s credibility and establishingPage: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 Next
Last modified: May 25, 2011