I have a question re settlement negotiations: At the time they 'offered to settle' they had not (a) identified O'Reilly by name, or (b) given fox a list of exactly what was being alleged, or (c) filed their complaint. How can those be considered settlement negotiations for purposes of Rule 608?
It's actually rule 408. Sorry about the typo in the above post. Keep in mind, that Fox made those allegations in their lawsuit. They may or may not be true. But if true, I am not sure why any of it would affect the prohibition against using settlement negotiations in court. I would think that in order to settle the claim, FOX would want detail the allegations in any Waiver or Release. So at some point during the settlement process, names dates etc. would have to be exchanged. Just because it hadn't happened (according to Fox) doesn't mean it wouldn't have, if Fox were negotiating in good faith.