On June 2, in Wilcox v. Arpaio, 753 F.3d 872 (9th Cir. 2014) (No. 12-16418), the Ninth Circuit held that federal and not state privilege law applied to the enforcement of a settlement that involved both federal and state law claims.  In this Section 1983 action, plaintiffs alleged that County officials violated both federal and state law by retaliating against plaintiffs for their opposition to actions of the County Sheriff.  The County adopted a resolution directing the County Manager to establish an alternative resolution program to resolve the claims, including entering into binding arbitration/mediation agreements with plaintiffs.  A retired judge, who was appointed to conduct mediations, settled multiple claims.  Plaintiffs sought to enforce a settlement based on an email from the judge to plaintiffs’ counsel that confirmed settlement.  The County argued that the email, and similar emails with other plaintiffs, were inadmissible under Arizona’s mediation privilege.  The trial court, applying federal privilege law, admitted the emails into evidence, and the appellate court affirmed.  The appellate court acknowledged that state contract law governed whether the parties reached an enforceable agreement settling the federal and state law claims alleged in the complaint.  However, Federal Rule of Evidence 501 required application of federal privilege law in this case.  “Where, as here, the same evidence relates to both federal and state law claims, ‘we are not bound by Arizona law’ on privilege.”  (citations omitted)