| Tennessee Bar Association

September, 2008

Cover Story

New Tennessee Law May Reduce Frivolous Suits but Make Valid Claims More Difficult

In May, Governor Phil Bredesen signed into law amendments to Tennessee's Medical Malpractice Act. The amendments introduce three new concepts to Tennessee's medical malpractice litigation framework: 1) a pre-suit notice requirement; 2) speedy medical records...

Feature Story

Review of the 2007 Term of United States Supreme Court Opinions

During its 2007 Term, the high court made headlines. High-profile cases sparked media coverage, captured public attention and generated intense debate. The subjects of these far-reaching pronouncements ranged from guns to Guantanamo, from child porn to child rapists and the death penalty, and from the nation's worst maritime environmental disaster to the...

Feature Story

Tennessee Rule of Evidence 404(b): What Constitutes Harmless Error?

When is wrongfully admitted "other bad act" evidence harmless error? What is the standard for deciding whether the "other bad act" introduction was harmless or the conviction should be reversed for new trial? The Tennessee Supreme Court decided this arcane but important issue in State v. Edwardo Rodriguez, 2008 Tenn. LEXIS 274 (2008).[1] To...

President's Perspective

Struggling to Be More Like Malinda and Frank

"You make me want to be a better man."

— Jack Nicholson complimenting Helen Hunt in As Good As It Gets

At a recent office party, our office's managing partner was called upon to make some remarks about me. Malinda was in attendance, so he naturally waxed eloquently about how Malinda had done a great job...

People

Davidson County Judge Dan Eisenstein recently honored representatives of the Tennessee Department of Mental Health & Developmental Disabilities in recognition of their assistance to the Davidson County Mental Health Court. Eisenstein presides over the Mental Health Court, which is part of the county's general sessions court. The...

But Seriously, Folks

Tip-Toe through the Courtroom

In a development that may give a whole new meaning to the term "legal footnote," the Memphis Bar Association has recently been taking a close look at lawyers' feet, or more specifically, their toes. To my knowledge, almost all lawyers have toes. I personally have ten of them, five on each foot.

Book Review

365 Ways to Keep Kids Safe

By Don Kennan | Balloon Press | $29.95 | 432 pages | 2006

This is a book that could keep a child you love from serious injury or death, and a book that could help you in successfully representing an injured child. Don Keenan, Atlanta trial lawyer extraordinaire, has put together 365 Ways to Keep Kids Safe. This book is unusual in method, in format...

News

Bar Foundation Announces IOLTA Grant Process

Deadline Sept. 5

The Tennessee Bar Foundation, through the Interest On Lawyers' Trust Accounts (IOLTA) program, provides grant awards to organizations that provide direct civil legal services to the indigent or that seek to improve the administration of justice. Applications for the 2009 grants are available on the foundation's...

Letters of the Law

Journal Should Provide Information, Not Political Opinions

I began reading this article ("Business License Revocation: Is This What Tennessee Needs?" July 2008 Tenn. Bar Journal) in order to try to determine what the new Tennessee law provided. The deeper I got into the article the more it became clear it was primarily a political opinion piece by two attorneys. I read the Bar Journal to become...

Disciplinary Actions

Reinstated

Chris D. Birkel of Gainesville, Fla., was reinstated to the practice of law on July 14 after complying with Supreme Court Rule 21, which requires mandatory continuing legal education. He had been suspended in September 2003 for failure to meet CLE deadlines.

Paine on Procedure

The Third 100-Mile Rule

In my August 2006 column I wrote about two of the 100-mile rules. There is a third rule that I should have included. Please let me make amends in this column.

Let's review the first two. Federal Rule of Civil Procedure 4(k)(1)(B) allows a summons to be served under Rule 14 (impleader, aka third-party practice) or Rule 19 (required joinder if...