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July, 2009

Cover Story

Med Mal Makeover

2009 Act improves on '08

The New New Medical Malpractice Notice and Certificate of Good Faith Statutes

Feature Story

A Silver Lining for Your Gray Cloud?Malpractice Policy Coverage for Disciplinary Defense Costs

It can happen to any Tennessee lawyer. It's a letter from the Board of Professional Responsibility with your name, not on a preprinted label, but typed directly on the envelope. You reluctantly pull the letter out, unfold it, and begin reading: "Enclosed is a complete copy of the original complaint received by the Board of Professional Responsibility...

Feature Story

Twombly Gets Iqbal-ed

An Update on the New Federal "and Tennessee?" Pleading Standard

In May 2007 the United States Supreme Court adopted a new pleading standard in Bell Atlantic Corp. v. Twombly.[1] An article in this Journal[2] explained how Twombly signified a remarkable change in the law of notice pleading by telling plaintiffs...

President's Perspective

The Voice of the Profession

The Tennessee Bar Association counts more than 11,000 members and is the largest professional organization in the state of Tennessee. One of the key missions of the TBA is to serve as the voice of the profession in Tennessee. I am proud to report to you that the exercise of that voice has achieved an important accomplishment affecting all Tennesseans by...

People

TJC Honors with Pro Bono Awards

The Tennessee Justice Center (TJC) has awarded its annual pro bono firm and attorney of the year awards. The Nashville office of Bradley Arant Boult Cummings was named "Pro Bono Firm of the Year" for its work representing needy families in TennCare appeals. Throughout 2008, 15 attorneys at the firm provided approximately 500 hours of pro bono legal...

But Seriously, Folks

A Time to Blog

In August 2001, University of Tennessee Law professor Glenn Reynolds launched "Instapundit," a Web site that provides frequently updated political and cultural news and commentary. It was one of the first "blogs," and it literally changed the landscape of American politics, journalism and communications. By 2004, Instapundit was getting more than 100,000...

Bank on It

Banks in Crisis? This, Too, Shall Pass

Banker's hours: 9 a.m. to 4 p.m. except on Wednesdays when the weather is nice.
CD rates: Whatever the competitors are paying.
FDIC insurance: A legally required line item expense that we don't really need.

Book Review

1L of a Ride: A Well-Traveled Professor's Roadmap to Success in the First Year of Law School

Professor Paine's review:

As many Journal readers know, I teach a Civil Procedure class to 1L's at UT each spring semester. So I was curious to read University of Memphis professor Andrew McClurg's book.

News

Ashworth is new TBA president

Fourth woman to lead the association

Gail Vaughn Ashworth was to be sworn in as the new Tennessee Bar Association's president on June 19. Other members of the executive committee are Sam Elliott, president-elect; Danny Van Horn, vice-president; Buck Lewis, immediate past president; Jason Pannu, secretary; and Richard Johnson, treasurer.

...

Letters of the Law

Taylor's Former Clerk Has Differing View of the Judge

I read with a sense of unfairness Donald Paine's May book review, so filled with criticism of Judge Robert L. Taylor (May 2009 Tenn. Bar Journal). I have not read the book Remembering United States District Judge Robert L. Taylor, nor judging by the tone of the book review am I inclined to purchase it. Let me just say that my memory of...

Disciplinary Actions

Reinstated

The following attorneys have been reinstated to the practice of law after complying with Supreme Court Rule 21, which requires mandatory continuing legal education:
William Noble Hulsey III, Austin, Texas
Tacey Clark Locke, Corinth, Miss.
James Douglas Mory, Louisville,...

Paine on Procedure

Other Crimes as Contextual Background Evidence

For several decades I have read every opinion filed by our appellate courts. The most horrific is State v. Evangeline Combs and Joseph D. Combs (Tenn. Ct. Crim. App., Woodall, Sept. 25, 2002), perm. app. denied Jan. 27, 2003.