Settlements, settlement offers, and settlement discussions in civil actions.

Johnson v. Norris, 537 F.3d 840, 845-847 (8th Cir. 2008) (habeas corpus review of murder conviction and death sentence; trial court rejected criminal defendant's attempt to elicit and offer evidence protected by a state's psychotherapist-patient privilege; defendant argued "that his rights under the...Although sparse United States Supreme Court dicta and precedent suggest that nonconstitutional privilege rules may have to yield to a criminal defendant's federal constitutional rights, except for the specific and rare circumstances in which the Court has said or suggested that must happen, it is unknown when such privilege rules must yield to a criminal defendant's constitutional rights such as the right to due process and the right to present a defense.

Shanklin v. Norfolk Southern Railway Co., 369 F.3d 978, 990 (6th Cir. 2004) (holding, in plaintiff wife's wrongful death action against defendant railroad company, that the trial court properly admitted the officer's video deposition....A statement of an employee or agent is treated as an employer's or principal's statement and, if offered against the employer or principal, it is an admission that is exempt from the hearsay rule if the employer or principal authorized its employee or agent to speak about the matter that the employee or agent spoke about and if the statement was made during the employment or agency relationship.

United States v. Nettles, 476 F.3d 508, 517 (7th Cir. 2007) (upholding trial court's admission of informant's recorded statements because they were presented and considered "to provide context to [defendant's]....The Sixth Amendment Confrontation Clause places no limits on the admission at trial of nonhearsay statements made prior to or outside of trial.