September, 2012

Cover Story

Your client is served with a complaint from a person with whom he has a contract containing an arbitration clause. The clause requires that the parties submit all disputes to arbitration. In lieu of filing an answer to the complaint, you file a Motion to Compel Arbitration and Stay Proceedings. The court takes the motion under advisement and, at a...

President's Perspective

September 17 is Constitution Day and Citizenship Day, commemorating the day in 1787 when the delegates to the Constitutional Convention met to sign the document they had created. Established in 2004 by Congress, federal law now requires that educational institutions receiving federal funding provide educational programming on the history of the American...

Letters of the Law

At the risk of being accused of nitpicking and by no means trying to detract from an otherwise good article (“Hail to the Chief,” August 2012 TBJ), I cannot let pass an historical error.

Chief Justice Warren did not head the Warren Commission after his retirement in 1969.

Book Review

By Sharon Davies | Oxford University Press | $27.95 | 327 pages | 2010

In Birmingham on Aug. 11, 1921, Methodist minister Edwin Stephenson shot Catholic priest James Coyle at the rectory next to the courthouse. The demented reason was that the priest had married Stephenson’s daughter Ruth to a Puerto Rican named Pedro Gussman.

History's Verdict

The Tennessee Bar Journal welcomes a new column this month. Russell Fowler will look to the past to help inform the practice of today in “History’s Verdict.” His column will appear three times a year.

Day on Torts

The conventional wisdom is that net proceeds[1] from wrongful death cases in Tennessee are distributed under the law of intestate succession. However, while our wrongful death statutes expressly tell us that wrongful death proceeds are free from the claims of creditors,[2] they do not mention use of the law of intestate succession as a method of...

Membership Maven
Kelly Stosik

Dear Maven,

What is going on with the Affordable Care Act and the upcoming 2015 open enrollment period?!

I have a family and a small firm and I need to know all of my options. I know the ACA has changed the way we consume health insurance but where do I find...

Success!

The Tennessee Bar Association was recognized in October with three Luminary Awards from the National Association of Bar Executives. The Tennessee Bar Journal earned a Luminary Award for The Law Launch Project, which followed 15 law students through their last year of school.

People

Nashville lawyer Fritz Richter has been appointed vice chair of the Fiduciary Responsibility/Plan Investments Subcommittee of the American Bar Association Tax Section’s Employee Benefits Committee. Richter practices with Bass Berry & Sims PLC, where he focuses exclusively in the area of employee benefits and executive compensation....

News

A short video is now available to help lawyers when they provide pro bono legal services to persons with disabilities. The project from the Tennessee Supreme Court’s Access to Justice Commission,  “Providing Legal Services to Persons with Disabilities,” raises awareness and reduces the barriers that persons with disabilities face when seeking legal...

Passages

Former Criminal Court Judge and TBA senior counselor FRED A. KELLY died Sept. 27 at the age of 93. Kelly graduated from the University of Tennessee and later served in World War II, earning the rank of captain. He graduated from Vanderbilt University Law School in 1948 and began practicing law in Gallatin. A native of the city, he went...

Licensure & Discipline

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:
Oscar Lee Malone III, Cordova
Thomas Summers McNiel, Nashville
Hugh Parmenas Taylor, White Pine...

Crime & Punishment

Corporate crime is big news. Lawyers practicing in Tennessee face an increasing likelihood of being asked to assist business clients in responding to an allegation of criminal wrongdoing. To protect the business and to avoid inadvertent harm to others (and your license), counsel must both understand the attorney-client privilege of an organization.

Family Matters

Recent headlines about a woman’s shoe collection have caused a stir this summer. Poker star Beth Shak is being sued by her Wall Street mogul ex-husband in a Pennsylvania court for allegedly hiding and/or failing to disclose during divorce proceedings three years ago a designer shoe collection. Ex-husband Daniel Shak values the collection, consisting of...

Paine on Procedure

Usually a motion to dismiss under Rule of Civil Procedure 12.02(6) doesn’t scare a plaintiff’s lawyer. Surely the complaint states a claim upon which relief can be granted. But for claims filed on or after July 1, such a motion should rivet attention. Public Chapter 1046 amends Tenn. Code Ann. §20-12-119 with a lengthy subsection (c) that allows...

But Seriously, Folks

On Saturday evening, Sept.1, I will be at the Mike Rose Sports Complex in Collierville, Tenn. There I will see a sight that makes me very happy. I will see a Princess running.

The Princess will not be running alone. She will be running with hundreds of other young women from across Tennessee and the southeast, as they compete in the Twilight Cross...