North Carolina Business Litigation Report

Media Network, Inc. v. Mullen Advertising, Inc., 2006 NCBC 6 (N.C. Super. Ct. Apr. 21, 2006)(Diaz)

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 the settling parties’ bias or credibility. It made no difference that the parties to the settlement agreement had agreed to keep it confidential.

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Mack Sperling
Brooks Pierce, LLP
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