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The Corporate Lawyer
The newsletter of the ISBA’s Corporate Law Departments Section

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Newsletter Articles From 1999

Spoliation of evidence: Recent expansion of an old theory By Robin P. Bissell and James M. Holston February 1999 Although the claim of spoliation has ancient roots, it is currently at the zenith of its popularity as a legal theory and litigation tactic. Cases involving alleged and actual spoliation have become front-page articles in the mainstream business press
Subject index to substantive articles in Volume 36 of The Corporate Lawyer June 1999   Supreme Court Rules in COBRA Case Involving Dual Coverage By: Kathleen S. Rosenow, No. 1
Supreme court opinion in Jacobson v. Knepper & Moga, P.C., filed on December 31, 1998 February 1999 We are asked here to consider the issue of whether an attorney who has been discharged by his law firm employer should be allowed the remedy of an action for retaliatory discharge.
Sustainable development: Gaining a competitive advantage By Dixie Lee Laswell October 1999 Sustainable development is a very broad concept affecting most aspects of our lives. Sustainable development was first defined by the Brantland Commission's "Our Common Future," which was a report of the World Commission on Environment and Development in 1987.
U.S. Supreme Court resolves issue in federal removal case By Michael Todd Scott October 1999 In Ruhrgas v. Marathon Oil Co., (May 17, 1998), the Supreme Court addressed the issue of whether subject-matter jurisdiction must be decided before personal jurisdiction in removal cases.
U.S. Supreme Court rules that Daubert factors apply to all experts, not just scientists By Michael Todd Scott April 1999 In Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993), the U.S. Supreme Court confirmed the trial judge's role as a "gatekeeper" in regards to the admissibility of expert testimony and held that Rule 702 of the Federal Rules of Evidence governs the admissibility of novel scientific evidence.
Whether a second dismissal is “with prejudice” under the “two dismissal rule” of Fed. R. Civ. Pro. 41(a)(1) is to be determined when a third action is filed not by a rule 59(e) motion By Michael Todd Scott December 1999 In CSMC v. Boeing, No. 97-56439 (9th Cir., Sept. 27, 1999), CSMC filed suit against Boeing in U.S. District Court for the Central District of California. Later, CSMC filed an identical action in L.A. Superior Court.
Willful destruction of documents during civil discovery can lead to criminal obstruction of justice charges By Dana Silver October 1999 In United States v. Lundwall, 1 F. Supp. 2d 249 (1998), the United States District Court ruled that an alleged violation of 18 U.S.C. section 1503, obstruction of justice, reaches the willful destruction of documents during civil discovery. The statute had never been applied in the context of civil discovery.