Hearsay exceptions for market reports, commercial publications, and learned treatises

Prudential Insurance Company of America v. Curt Bullock Builders, Inc., 626 F. Supp. 159, 165 (N.D. Ill. 1985) (holding, in plaintiff's diversity action against defendant, that evidence consisting of portions of the affidavits [which refer to conduct and statements at....Although settlement negotiations and offers are inadmissible (i) to show the validity or invalidity of a claim when validity is in dispute, (ii) to show the amount of damages when the amount is in dispute, or (iii) to impeach by showing a prior inconsistent statement or a specific contradiction, settlement evidence is commonly admitted in vicarious liability cases if (i) a settlement agreement between a defendant and a third person arises out of the same transaction that is the basis of the current claim against the defendant and (ii) the settlement agreement or evidence is offered to show agency, ownership or control.

McPadden v. Armstrong World Industries, Inc., 995 F.2d 343, 345-346 (3d Cir. 1993) (holding, in plaintiff executrix's diversity action against defendant asbestos product manufacturer for personal injury and wrongful death, that evidence that....Although subsequent remedial measures may not be used to prove negligence, culpable conduct, a defect in the product or its design, or a need for warning or instruction, subsequent remedial measures are admissible to show the feasibility of precautionary measures.

Garcia-Jaramillo v. Immigration and Naturalization Service, 604 F.2d 1236, 1238 (9th Cir. 1979).Intimate sexual acts between marital partners do not constitute "confidential marital communications" for purposes of the marital secrets privilege, the confidential marital communications privilege.