It’s a Mighty Short Drive from the Harman Mine to the Tennessee Line

On March 3, the United States Supreme Court heard arguments in the case of Hugh M. Caperton, et al. v. A. T. Massey Coal Company Inc. This landmark case has its roots deep in the Appalachian hills of Buchanan County, Virginia, less than an hour’s drive from the Tennessee line. Hugh Caperton bought the mine in 1993, and by the end of that year the mine was yielding one million tons of high-grade metallurgical coal a year, qu

Justice 4 ALL is theme

State Media Campaign Underway

Working with broadcasters across Tennessee, the Tennessee Bar Association has launched a campaign to build awareness of the access-to-justice crisis facing the state and highlight efforts being made by Tennessee attorneys to help those unable to afford legal help. The campaign video has been distributed to 35 television stations across Tennessee and at radio stations in every market. The campaign continues through the end of April.

On April 4 att

Memphis law School names dean, Vanderbilt starts new search

Dr. Kevin Smith was appointed dean at the University of Memphis Cecil C. Humphreys School of Law in February. Smith had been serving as the interim dean since October 2007 and was one of four candidates being considered for the position. “I’m delighted to have the opportunity to work with faculty, staff, students, University officials, alumni and friends of the law school at this transformational time in the law school's history,” ...
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Reinstated

Censured

Requests For Admission

Tennessee Rule of Civil Procedure 36 is malpractice territory. As Churchill said at Leeds in 1942: “There are upon our journey dark and dangerous valleys through which we have to make and fight our way.”

What can be requested? You can request that your opponent admit the truth of statements of fact (or “opinions of fact or the application of law to fact.”) Moreover, you can serve copies of documents and ask for admissions of genuineness.

How early can you serve the r

Estate of Hurford

Tax Court Has a Cow Over Bad Estate Planning

True or False: A terminally ill widow with a $14 million estate can leave everything to her children free of all federal gift and estate tax simply by signing a few documents.

Answer: False.

Multiple Choice Question: If you claimed the correct answer was True, you might be: (A) Texas attorney Joe Garza; (B) his client who paid him over $300,000 to prepare the documents; or (C) his malpractice defense counsel.

Answer: All of the above.

In...
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A Terrible Glory

Custer and the Little Bighorn: The Last Great Battle of the American West

This book will remain the last word on Custer’s Last Stand. The details amassed by the author astound me. Especially impressive are his biographies of the Sioux and Cheyenne leaders.

It is not a book for the squeamish. There are graphic accounts of mutilations of the dead Seventh Cavalrymen’s corpses by women and old men from the Indian village.

Lawyers will likely focus their interest on chapter 20, whic

Time for a Federal Bailout for Rabbit Ears

I have been watching television now for over 56 years. Not in one sitting, mind you. I have gotten up from my Barcalounger from time to time to go to the bathroom or make a sandwich. And I did break away from the screen long enough to get an education, pass the bar exam, get married and raise a family. But other than that, I have pretty much been watching television constantly for over a half century.

My addiction to television stems from my childhood. I