October, 2013

Cover Story

A sinkhole measuring 122 feet in depth recently forced Love Chapel Elementary School in Erwin, Tenn., to permanently close its doors.

President's Perspective

As we recently celebrated the 50th anniversary of Martin Luther King Jr.’s “I Have a Dream” speech, I have been thinking about the message of his words and how they relate to the judicial system and the legal profession. In fact, his words have inspired my own dream for our profession.

Letters of the Law

Bipartisan Efforts of ‘COUP’ Should Be Inspiration for Today

Many thanks to the TBJ for publishing the review [September 2013] by Judge Walter C. Kurtz and Chancellor Ellen Lyle of Keel Hunt’s book, COUP: The  Day the Democrats Ousted Their Governor, Put Republican Lamar Alexander in Office...

Book Review

By Paul Collins | Crown Publishers | $26 | 289 pages | 2013

In 1800 Levi Weeks was tried at New York City Hall on Wall Street for murdering Elma Sands three days before Christmas 1799. The prosecutor’s theory was that Weeks strangled her, then dumped her in a well. This excellent book takes the reader through background and trial and acquittal. It...

Senior Moments

In general terms, Medicare is health insurance subsidized by the federal government. It is a great program, with excellent benefits at a low cost. As a legal advocate and as a family member, it is helpful to build your Medicare vocabulary as the benefits and rules change within the program, sometimes profoundly affecting the way care is delivered.


U.S. District Judge and former TBA President J. Daniel Breen assumed the position of chief judge of the U.S. District Court for the Western District of Tennessee this summer. Breen, who has served on the court since 2003, began his judicial career in 1991 as a magistrate judge in the Western District. He served in that capacity until...


This month, Tennessee lawyers are joining their colleagues across the country to provide free legal services to those in need and honor the good work performed by lawyers every day as part of the annual National Pro Bono Celebration.

Now in its fifth year, the TBA’s statewide Celebrate Pro Bono initiative brings together legal services providers...

Licensure & Discipline



Wilson County lawyer James Henry Flood received a public censure on Aug. 7 for failing to (1) deposit a client’s funds in his trust account and (2) remove a fee from his trust account in a timely manner. Flood entered into a contingency contract stipulating that a client would pay him 25 percent of...

The Law at Work

Establishing a prima facie case of retaliation just became a lot more difficult because of a couple of recent decisions, one from the United States Supreme Court and one from the Tennessee Court of Appeals.

Paine on Procedure

What procedural remedies are available to a plaintiff homeowner if a defendant neighbor owns trees with encroaching limbs and roots? That question arose in Lane v. W.J. Curry & Sons, 92 S.W.3d 355 (Tenn. 2002).

But Seriously, Folks

Mark Twain once said, “The reports of my death have been highly exaggerated.” In the aftermath of the recent sale of The Washington Post to Amazon.com king Jeff Bezos and the sale of The Boston Globe to Red Sox owner John Henry, nervous journalists around the country are writing obits for daily newspapers. But these reports, like the...