Plaintiff had settled up with a co-defendant, who had been dismissed from the action. A remaining defendant sought discovery of the settlement agreement, but the plaintiff objected on the grounds of Rule 408. The Court ordered production of the settlement agreement, noting that many courts allow discovery of settlement agreements when they are relevant to
Discovery
Banc of America Securities, LLC v. Evergreen International Aviation, Inc., 2006 NCBC 2 (N.C. Super. Ct. Jan. 25, 2006)(Diaz)
By Mack Sperling on
Posted in Discovery
The Court addressed the "at issue" exception to the attorney-client privilege in this case. The Court held that the advice of counsel becomes at issue "where the client asserts a claim or defense, and attempts to prove that claim or defense by disclosing or describing an attorney client communication." It held that the defendant had…
Praxair, Inc. v. Airgas, Inc., 2000 NCBC 10 (N.C. Super. Ct. Aug. 14, 2000)(Tennille)
By Mack Sperling on
Posted in Discovery
The issue here was the admissibility of the testimony of plaintiff’s five expert witnesses, who proposed to testify on a variety of subjects. The Court engaged in a thorough discussion of the scope, and limits, of expert testimony. It held that experts will not be permitted to testify that a particular legal standard or conclusion…