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Breach of Duty Adverse Inference Instructions

Bradley Arant Boult Cummings LLP

SC Supreme Court Says Insurers Can’t Cloud Allocation of Covered and Non-Covered Damages

The South Carolina Supreme Court’s decision in Harleysville Insurance Co. v. Heritage Communities, Inc., modified July 27, 2017, continues a trend of decisions aimed at preventing an insurer from acting in its own interest to...more

Saul Ewing Arnstein & Lehr LLP

Sanctions ordered against business for unintentional failure to protect evidence in anticipation of litigation

Following a broadening trend, the U.S. District Court for the Southern District of California recently held that a party is subject to sanctions – including an adverse inference instruction at trial – for negligently failing...more

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