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Richard
Richard, Attorney
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Experience:  Attorney with 29 years of experience.
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In Illinois is information exchanged during settlement negotiations

Resolved Question:

In Illinois is information exchanged during settlement negotiations admissible as evidence at trial?
Submitted: 3 years ago.
Category: Legal
Expert:  Richard replied 3 years ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. This is covered by Rule 408 of the Illinois Rules of Evidence. Specifically, Rule 408 provides:

"Rule 408. Compromise and
Offers to Compromise
(a) Prohibited Uses. Evidence
of the following is not admissible
on behalf of any party, when offered
to prove liability for, invalidity of,
or amount of a claim that was disputed as to validity or amount, or
to impeach through a prior inconsistent statement or contradiction:
(1) furnishing or offering or
promising to furnish—or accepting or offering or promising to
accept—a valuable consideration
in compromising or attempting
to compromise the claim; and
(2) conduct or statements
made in compromise negotiations regarding the claim."



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Customer: replied 3 years ago.

Thank you for this information. I have one follow-up. Under the Illinois Tort Immunity for public employees act, I was told that claims are not barred but damages are limited. Is that true? If yes, what are the limits on damages? A dollar value? A type? This is a defamation- per se libel - case. Thank you.

Expert:  Richard replied 3 years ago.
Thanks so much for following up. Unfortunately, I don't have expertise dealing with this particular Act. This would have to be asked as a separate question under the category of employment law. I'm sorry!
Customer: replied 3 years ago.


Thank you. Could you please forward this inquiry to an employment lawyer?

Expert:  Richard replied 3 years ago.
You're welcome; I will send to the category moderator for you.
Customer: replied 3 years ago.


Thank you.

Expert:  Richard replied 3 years ago.
My pleasure. Have a great day!

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