Description: The Boston ERISA and Insurance Litigation Blog is intended to provide you, the reader, with timely and useful information concerning current legal developments in ERISA and insurance coverage.
It is one of my favorite words – spoliation. It just slides right off of a litigator’s tongue. I have been litigating, either as direct claims over destruction of evidence or as an evidentiary inference, the concepts of spoliation for decades. If memory serves, the first time I handled it was defending a direct claim against an insurer over the insurer’s destruction, through testing, of a significant piece of evidence it had taken hold of from its insured after an accident, thereby (allegedly) interfering w
I think this story on the subject in Massachusetts Lawyers Weekly fits this history and development to a T. You see in it the seriousness of judicial response to the issue at this point, after more than a decade of substantial judicial evolution concerning the issue, as well as the essential role technology plays in the issue.
Stephen has chaired the ERISA and insurance coverage/bad faith litigation practices at two Boston firms, and has practiced extensively in commercial litigation for nearly 30…
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ERISA Pundit | A legal blog by Warren von Schleicher
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ERISA Pundit | A legal blog by Warren von Schleicher