In Baldwin v. Carmack, 2007 WL 2410377 (Del. Ch., Aug. 17, 2007), read opinion here, the Chancery Court, in connection with a motion for partial summary judgment, in a one-page letter ruling  refused a request for the court to strike a portion of a brief based on the argument that the brief included inadmissible settlement discussions contrary to Delaware Rule of Evidence 408. The court reasoned that none of the statements were intended as offers of compromise or settlement.

Nor does Rule 408, the court explained, require the exclusion of "statements or documents presented in the course of compromised negotiations when such statements are offered to prove a party’s knowledge or understanding of certain disputed facts".