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Evidence Keyed to Sklansky
Carney v. American University
Citation:151 F.3d 1090 (D.C. Cir. 1998)
The plaintiff was a senior administrator at the defendant. The plaintiff eventually became the Acting Dean of Students. However, the plaintiff would later return to her old position and lost her job when the university downsized. The plaintiff later notified the defendant that she intended to sue. About the same time, a question arose as to whether she might be entitled to an additional three months severence pay. The defendant did not give the plaintiff the extra severance pay.
The plaintiff sued arguing that she was discriminated against on the basis of her race and and withheld the extra-severance pay in retaliation for exercising her civil rights. At trial, the defendant argued that all evidence of linkage between the extra severance pay and her lawsuit is contained in not admissible settlement correspondence. The district court granted summary judgment in favor of the defendant, agreeing that evidence regarding this linkage fell under Rule 408.
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