Vinson Minerals, Ltd. v. XTO Energy, Inc.

I respectfully concur with the majority opinion and write separately only to make some distinctions regarding the rule 408 admissibility question raised by the Vin-sons’ May 12, 2006 “demand” letter and the sufficiency of their “election of forfeiture.” See Tex.R. Evid. 408.

Texas Rule of Evidence 408 mandates exclusion of evidence of settlement offers unless offered for some reason other than to establish liability. Id. Additionally, the burden is on the objecting party to show that the evidence was not offered for some other reason or purpose allowed by rule 408. See In re Univar USA, Inc.,…