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This month's Friday Five covers cases relating to issue preclusion, coverage where the policy terms are inconsistent with the parties’ behavior, application of the abuse of discretion standard of review, applicability of a waiver of premium provision and compliance with a mandatory appeals process...

This month’s Friday Five covers cases relating to potential impacts of COVID-19, full and fair review of the claim file, an attempt to use an insurer’s internal policy against itself, and a “second bite at the apple” by amending a complaint for denial of benefits to include a claim for breach of...

This month’s Friday Five covers cases relating to discovery in ERISA benefits cases, an appellate court strictly interpreting ERISA regulatory deadlines, a district court authorizing an ERISA breach of fiduciary duty claim based on alleged misrepresentations from an employer, another district court...

A recent flurry of activity in Chapter 11 practice has been an embrace of bankruptcy as the ideal forum for companies to channel mass tort litigation into mandatory mediation and a settlement plan process. Purdue Pharma, Boy Scouts, Johnson & Johnson, 3M, and others have strategically used...

MyLawCLE, Partnership and LLC Bankruptcies: Tips and Direction for Emerging Problem Areas Facing Lawyers Who Represent LLC and Partnership Entities or Their Members and Partners.

This month’s Friday Five explores recent decisions that illustrate the importance of the administrative record built by a claims administrator, and the impact that the depth and thoroughness of the record will have on litigation over claims decisions. Whether reviewing claims under the de novo...

American Bankruptcy Institute Winter Leadership Conference, Dealing with Digital Assets,