Epstein Secrets

ly to discuss his or her situation in order to explore the possibility of disposing of the case through a consensual arrangement." United States v. Herman, 544 F.2d 791, 797 (5th Cir. 1977). The Rule is derived from "the inescapable truth that for plea bargaining to work effectively and fairly, a defen

rmits and encourages counsel to discuss matters in an uninhibited fashion often leading to settlement ...." Id. at 930. Ten years later, in Folb v. Motion Picture Ind. Pension & Health Plans, 16 F. Supp. 2d 1164, (C.D.Ca. 1998), the district court in California became the first federal court to adopt the mediation privilege as federal c

ly to discuss his or her situation in order to explore the possibility of disposing of the case through a consensual arrangement. United States v. Herman, 544 F.2d 791, 797 (5th Cir. 1977). The Rule is derived from the inescapable truth that for plea bargaining to work effectively and fairly, a defen

nt of everything that transpires during mediation . . . . Lake Utopia Paper Ltd. v. Connelly Containers, Inc., 608 F.2d 928 (2d Cir.1979); Folb v. Motion Picture Ind. Pension & Health Plans, 16 F.Supp.2d 1164, 1173 (C.D.Ca. 1998); Sheldone v. Pennsylvania Turnpike Comm n, 104 F.Supp.2d 511, (W.D.Pa. 2000); Microsoft Corporation v. Sun

or his counsel [would] pursue [plea negotiations] if the remarks uttered during the course of it are to be admitted in evidence as proof of guilt." Herman, 544 F.2d at 797. Plea negotiations are "rooted in the imperative need 22 EFTA00177961 Case 9:08-cv-80736-KAM Document 94 Entered on FLSD Docket

its and encourages counsel to discuss matters in an uninhibited fashion often leading to settlement . . . ." Id. at 930. Ten years later, in Folb'. Motion Picture Ind. Pension & Health Plans, 16 F. Supp. 2d 1164, (C.D.Ca. 1998), the district court in California became the first federal court to adopt the mediation privilege as federal c