Build Your House
“There are two things wrong with legal writing. One is style. The other is content.” Judge Mark P. Painter, 31 APR Mont. Law (April 2006). We lawyers are not known for being good writers. Perhaps that is because writing is hard. Someone...
Tennessee Supreme Court Rules Preemption Rule Not Compatible with Comparative Fault
The “preemption rule,” which has been adopted in a number of jurisdictions around the country, limits injured plaintiffs’ ability to prove wrongdoing against employers because, so long as an employer admits that it is vicariously liable for an employee’s negligence,...
Tell the Story: Writing the Statement of Facts in an Appellate Brief
“Get your facts first; then you can distort them as you please.” -Rudyard Kipling, An Interview with Mark Twain, from sea to sea: letters of travel, 180 (1899). First and foremost, a brief must tell a compelling story. It should cry out for relief for your...
Ready to Read: The Classic Handbook on Appellate Advocacy
Mark Twain defined a “classic” as: “something that everybody wants to have read and nobody wants to read.” The “classic” book on appellate practice, 13th edition, has just been published, and it is worth reading. At least it could be helpful if you have an appeal. I...
Demonstrative Exhibits in Oral Argument: What is the Rule?
“Pause awhile, and let my counsel sway you…” Friar Frances, Much Ado About Nothing, Act 4, Scene 1 Have you ever wondered about the use of demonstrative exhibits during appellate argument in Tennessee? Let me refer you to the rule---THERE ISN’T ONE! ...
Welcome to my Appellate Blog!
I’m new to blogging, but not new to appellate practice. I’ve been at this for thirty-five years, and done almost 500 appeals, so I hope I’ve learned a little something that you can use if you ever find yourself confronted by a complex appellate issue – or a simple...