Federal Law Applies in a Case which State Law and Federal Claims are Alleged - Wilcox v. Arpaio (June 2, 2014)

The parties were involved in a mediation and reached a "settlement" of both the State Law and Federal Law Claims.  The Appellant alleged that a settlement was not reached and the Respondent filed a motion to enforce the agreement.  In an attempt to prove up the settlement, a variety of emails were introduced into evidence but were objected to as privileged by the Appellant.  The Appellant alleged that State Law should apply and that State Law would prevent such emails from being introduced into evidence.


The 9th Circuit determined that since the settlement involved both federal and state claims, the Federal Rules of Evidence controlled.  However, the Appellant waived such argument.  Nonetheless, the 9th Circuit determined that even if State Law applied, the privilege law would still permit the evidence to be admissible.


The Court upheld the settlement.


Wilcox v. Arpaio - 9th Cir. 2014