During a trial regarding a commercial lease dispute, the plaintiff sought to introduce a 'With Prejudice' settlement offer it had previously served on the defendant.
The defendant objected to its admission on the basis of settlement privilege.
The court applied the three-part test for settlement privilege and held that the label 'With Prejudice' does not change the character of a communication made in furtherance of settlement.
The court ruled the offer was privileged and inadmissible under Rule 49.06 of the Rules of Civil Procedure.
