[WSBARP] Litigators - Atty Fees Request

[scott at scottgthomaslaw.com]

I think I would try to get it in.  By its terms, ER 408 restricts evidence
of an offer to prove or disprove liability.  I would argue that evidence of
a settlement offer falls under the "another purpose" exception.  An offer of
judgment has to be served, and so you still have that issue to wrestle with.

-----Original Message-----
From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com>
On Behalf Of Paul Neumiller
Sent: Tuesday, September 3, 2019 5:18 PM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Litigators - Atty Fees Request

Hey All, I know that I'm not supposed to bring up settlement discussions
during litigation but we are at the end of arbitration and the arbitrator
has asked for atty fees requests.  I want to show that the opposing party
did not improve on a settlement offer I made in open court many months ago
(prior to mediation and arbitration) feeling that all attorney fees incurred
after that point was a result of not accepting that settlement offer.  Am I
able to use settlement talks and an offer made in open court now that a
decision has been made on the merits of the case and the sole issue
remaining is the award of atty fees?  Thanks for your input.  




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