February, 2014

Cover Story

A woman, her horse and her attorney walk into a bar.
“Dear lady, you can’t bring that foul-smelling ass into this establishment!” says the barkeeper.
“How dare you! This is my seeing-eye horse!” says the woman.
“Of course, I realize that,” replies the barkeep, “but the lawyer has to go!”

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President's Perspective

We are now in the heart of the legislative session, and once again efforts to change the way that we select our attorney general are underway. Every time the issue is raised, those raising it cite as their primary support the fact that no other state selects their attorney general in the same manner as Tennessee. Boiled down to its essence, the argument...

People

Tennessee Supreme Court Justice William C. Koch Jr. recently announced he would retire in July to become dean of the Nashville School of Law. His announcement came at the same time that current Nashville School of Law Dean Joe C. Loser Jr. said he would retire in 2014. Koch has served on the Supreme Court since 2007. He...

Licensure & Discipline

REINSTATED

The Tennessee Supreme Court reinstated the law license of James A. Meaney III of Ringgold, Ga., on Dec. 23, 2013, after he responded to the Board of Professional Responsibility regarding a complaint of misconduct.

The Law at Work

In the arena of wage and hour litigation, it has become more and more common for plaintiffs to append state law causes of action (under various theories) to their federal claims. The primary benefit to the plaintiffs is that state law claims potentially carry a longer statute of limitations, and, thus a greater look-back period for damages. In Tennessee...

But Seriously, Folks

Like many busy lawyers, I am a frequent flyer. Several times each month, I make sure my seat back and tray table are in their locked, secure and upright position. I fasten my seatbelt and then say a little prayer before takeoff.

Like my hero, the late great Lewis Grizzard, I am not afraid of flying.

Flying is fine. It’s crashing and burning...

News

A new campaign to educate voters about the judicial system, the importance of fair and impartial judicial elections and how to evaluate judicial candidates launched in mid-January with a live webcast and video presentation by former U.S. Supreme Court Justice Sandra Day O’Connor.

Letters of the Law

Paine’s Mark on Tennessee Law

When a student at the University of Tennessee College of Law, I was fortunate enough to cross paths with Don Paine, who, just out of the military, then served his alma mater as an adjunct professor. As a practicing lawyer and a budding academician, Don not only represented real people with real problems at that time...

Paine on Procedure

In the spring of 1983 Jim Thornton was finishing his second year at Memphis State Law School. He was living in an apartment, separated for a couple of months from his wife Lavinia Johnston Thornton and their young son Will, 3. The latter occupied a nice house a short distance away in the Germantown area.

On Tuesday, May 3, the threesome went to an...

Book Review

By James L. Cotton Jr. | History Publishing Company LLC | $12.76 | 475 pages| 2013

Complete this sentence: The greatest speech ever was ___________. The odds are good that most people who took the time to participate at least thought about the Gettysburg Address. So, if we instinctively place the Gettysburg address among the...

Senior Moments

This seemingly simple question can lead to hours of research, confusion and frustration. The issue is usually whether one should start receiving Social Security (SS) retirement benefits at age 62, one’s “full retirement age,” or at age 70. Important factors to be taken into consideration are life expectancy, accustomed standard of living, savings, debt...