John A. Timms v. United Air Lines, Inc., and the Boeing Co.

2 F.3d 1158 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. John A. TIMMS, Plaintiff-Appellant, v. UNITED AIR LINES, INC., and the Boeing Co., Defendants-Appellees. No. 91-15728. United States Court of Appeals, Ninth Circuit. Argued and Submitted June 15, 1993. Decided July 8, 1993. Before FAIRCHILD * , BEEZER, and WIGGINS, Circuit Judges. 1 MEMORANDUM ** 2 John A. Timms claims the district court erred in not excluding a letter he had written to United Airlines ("United"). He argues the letter should have been excluded as an offer to settle under the terms of Fed.R.Evid. 408. We affirm. 3 * "Evidentiary rulings are reviewed for abuse of discretion and are not reversed absent some prejudice." Mundy v. Household Finance Corp., 885 F.2d 542, 543 (9th Cir.1989). 4 Timms characterizes his letter as an offer to settle which is inadmissible under Fed.R.Evid. 408. Fed.R.Evid. 408 provides, in relevant part: "Evidence of ... offering or promising to accept, a valuable consideration…