Congratulations to K.O. Herston on being selected by the ABA as one of the Top 100 Law Blogs for 2015...


(KNOXVILLE, TN – NOVEMBER 30, 2015) - Editors of the ABA Journal announced today they have selected Herston on Tennessee Family Law as one of the 100 best blogs for a legal audience.

Herston on Tennessee Family Law is published by K.O. Herston, an attorney in Knoxville, Tennessee.

“For us at the ABA Journal, this isn’t just another award. We view our annual list as service to our readers, pointing them to a collection of some of the very best legal writing and commentary on the Web. Yes, we hope those selected are proud of it. But we also hope that our readers will recognize the list itself as another portal to some very vivid, informative and entertaining conversations about issues we all care about.”

“I am thrilled to be recognized as one of the top 100 law-related bloggers in the world,” said Herston. “It is a tremendous honor.”

About Herston on Tennessee Family Law:

Herston on Tennessee Family Law is a blog covering legal developments in Tennessee family law. It is written by K.O. Herston, a family law attorney in Knoxville. It can be found online at

About the ABA Journal:

The ABA Journal is the flagship magazine of the American Bar Association, and it is read by half of the nation’s 1.1 million lawyers every month. It covers the trends, people and finances of the legal profession from Wall Street to Main Street to Pennsylvania Avenue. features breaking legal news updated as it happens by staff reporters throughout every business day, a directory of more than 4,000 lawyer blogs, and the full contents of the magazine.


But, the law really won't help him get home.

State Rep. Dan Howell, R-Georgetown, is proposing House Bill 1416, On interstate and multilane divided highways that are three (3) or more lanes in each direction, a person shall not operate a vehicle in the passing lane, except when overtaking or passing a vehicle that is in a nonpassing lane.

Georgetown is near Chattanooga. There are not that many miles of highways with 3 or more lanes in each direction between Nashville and Georgetown.

It could be his problem is getting through Chattanooga or Nashville traffic. However, if you've ever driven on the interstates around those two cities, you will find that driving too slow in the "passing lane" is not really the issue.

H/T Tom Humphrey


From ...

Because of man-made global warming and a strong El Nino, Earth's wild weather this year is bursting the annual heat record, the World Meteorological Organization announced on Wednesday.

The United Nations weather agency's early bird report on 2015 says it is the hottest year on record, surpassing last year's record heat. It made the proclamation without waiting for the end of the year because it has been so extraordinarily hot, forecast to stay that way and unlikely to cool down enough to not set a record.

U.N. Weather Agency: It's Record Hot Out There This Year

Nov 28 2015
09:06 pm
By: Tamara Shepherd  shortURL

Ha, ha! Have you seen the video yet of a pretty epic Target pep rally conducted for employees working Black Friday?

This store manager is no less inspiring than King Leonidas of Sparta!


from MSNBC ...

For Republicans running for president, the Supreme Court itself is essentially on the ballot. Democrats? Not so much.

Clinton has noted a few times that the next president could appoint as many as three or four justices to the court.



Suspect in custody. 11 taken to area hospitals, including 4 or possibly 5 law enforcement officers.

Listened to some of it on a scanner feed. Colorado Springs PD officers inside the clinic and those outside helping evacuate victims deserve medals for incredible bravery and professionalism. The shooter is lucky to be alive. No word yet on motive.

Update: Officials now reporting two three killed, including one police officer. Earlier police radio transmissions said suspect had an AK-47.

Nov 27 2015
09:18 am

The Chattanooga Times Free Press reports that doctors are apparently not satisfied with Gov. Halsam's 2011 tort "reform" laws that limit damages in medical malpractice lawsuits. They now want a state constitutional amendment protecting the limits and allowing the state legislature to set them.

Going even further, another group wants a new law that would remove malpractice cases from the courts altogether and instead have them decided by a panel appointed by Gov. Haslam and state legislators. Sen. Jack Johnson (R-Franklin) and Rep. Glen Casada (R-Franklin) are sponsoring a bill to implement this scheme.

On the constitutional amendment, the president of the Tennessee Medical Association says "I'm confident Tennessee voters will support it if given the chance to have their voices heard." I wonder about that. Will voters support it when it is explained to them that tort "reform" limits their ability to get justice and fair compensation, nullifies judges and juries, and protects doctors who are largely self-regulated?

Proponents of the malpractice panel scheme say "defensive" medicine is costing consumers and the state billions. I wonder how they come up with their numbers, but so what? I think I want my doctor doing whatever he/she thinks is necessary to diagnose and treat whatever might be wrong. Good doctors will do that anyway. Absent adequate oversight, fear of malpractice claims is the last line of defense against marginal doctors.

A Tennessee court ruled in March of this year that the state's tort "reform" limits are unconstitutional.

Nov 26 2015
08:56 am

Who wants pie?

Nov 25 2015
06:16 am

Maybe it hasn't been reported or maybe I missed the news stories, but it would appear more information is needed before the community can support a new Safety Center.

In a recent KNS news story, it was reported, Randy Nichols, counsel to the Knox County Sheriff’s Office "estimates [a new Safety Center] could cost as little as $10-15 per person, per day. Keeping a single inmate incarcerated in Knox County runs up to $80 a day." The article goes on to say the costs of medicine to the county would be a lot less, county inmate populations would be reduced and additional county inmate pods would not need to be built.


Nov 24 2015
12:43 pm

I assume there is a map provided. It looks like Knoxville may be doing better. I think we have not done enough in the past with the Civil War history in the area.

from Visit Knoxville ...

This self-guided tour highlights Knoxville’s Civil War history including stops at General Longstreet’s headquarters, Fort Dickerson, and the site of the Battle of Fort Sanders to name a few. Stop in to the Knoxville Visitor Center to pick up a brochure.

Civil War Driving Tour

Nov 24 2015
11:54 am

Apparently, people whose names are on terrorist watch lists can legally pass background checks and purchase guns in the United States. Who would have thunk it? As noted in this AP article: "According to a March analysis by the Government Accountability Office, people on the FBI's consolidated Terrorist Watchlist successfully passed the background check required to purchase firearms more than 90 percent of the time, with more than 2,043 approvals between 2004 and 2014." According to the article, the FBI is alerted when this happens, but you know, that's a classic case of closing the barn door after the horse has bolted.


Nov 24 2015
09:19 am

Local attorney Lance Baker has filed a $5 million federal civil rights lawsuit on behalf of his client, Louis Flack, against Knox County and several Knox County Sheriff's Department current and former employees.

The lawsuit alleges that Flack, who is mentally ill, was "brutally assaulted and beaten by no fewer than five Corrections Officers or Deputies" while being held at the Knox Co. Jail on charges that were subsequently dismissed. According to the complaint, Flack was seriously injured through the use of excessive force and cruel and unusual punishment. There are also allegations of a "cover-up."

The lawsuit further alleges that three of the corrections officers "suffer or suffered from mental, emotional, or psychological distress to the extent they should not have been entrusted with responsibilities to interact with inmates in the general jail population, much less inmates who suffer from serious mental illness," and notes the general lack of training for corrections officers in dealing with mentally ill inmates. It also mentions Sheriff JJ Jones on the record as saying that an alternative treatment center is needed to reduce the County's "risk of extensive and expensive litigation regarding jail conditions."

Flack is seeking compensatory and punitive damages of up to $5 million and a jury trial.

The lawsuit: Louis W. Flack v. Knox County et al.

PREVIOUSLY: Sheriff's office stonewalling jail beating victim's lawyers?

SEE ALSO: WBIR report...


Betty Bean reports that six Knox County high schools have received "failing" scores on the state's TVAAS tests. L&N STEM Academy is one of them. Bearden is also on the list, after receiving top scores of '5' in the previous two testing periods.

Are schools failing the tests, or are tests failing the schools?

Question: Does a 'failing' designation make schools eligible for takeover by a local or state run charter? Or the state "achievement school district?"

Betty Bean: Six KCS High Schools Ranked 'Failing' By State

RELATED: Mike Donila: BOE members' evaluation tell two tales of superintendent

Nov 23 2015
10:30 am

The Foo Fighters have released their five song EP Saint Cecilia for free streaming/download. Click here, click 'download', choose MP3, WAV or FLAC format. The FLAC files are hi-def 24/192.

In a statement following the Paris attacks, Dave Grohl said "Now, there is a new, hopeful intention that, even in the smallest way, perhaps these songs can bring a little light into this sometimes dark world. To remind us that music is life, and that hope and healing go hand in hand with song. That much can never be taken away."


from CNN ...

There is a "massive cushion" of crude oil around the world, with global stockpiles sitting at a record 3 billion barrels, according to the International Energy Agency.

A stunning 487 million barrels of crude is sitting in U.S. inventories, levels unseen at this time of the year in the last 80 years, according to the U.S. Energy Information Administration.

Epic oil glut sparks super tanker 'traffic jams' at sea

Nov 22 2015
02:07 pm

I don't know where to start...


Nov 22 2015
03:59 am

In today's NYT Alec MacGillis takes a revealing look at a puzzle that's kept our puzzlers puzzling.
Who Turned My Blue State Red?

In eastern Kentucky and other former Democratic bastions that have swung Republican in the past several decades, the people who most rely on the safety-net programs secured by Democrats are, by and large, not voting against their own interests by electing Republicans. Rather, they are not voting, period. They have, as voting data, surveys and my own reporting suggest, become profoundly disconnected from the political process.

The people in these communities who are voting Republican in larger proportions are those who are a notch or two up the economic ladder — the sheriff’s deputy, the teacher, the highway worker, the motel clerk, the gas station owner and the coal miner. And their growing allegiance to the Republicans is, in part, a reaction against what they perceive, among those below them on the economic ladder, as a growing dependency on the safety net, the most visible manifestation of downward mobility in their declining towns.


There's this article announcing a $7.9 million FCC Telehealth grant for Tennessee. Sounds like a good thing but seems odd that this is being announced by "Governor Phil Bredesen" in the official release. Is this satire? Or is the proper designation for a former governor?

Nov 21 2015
06:40 am

What: Foothills Craft Guild Annual Show
When: Saturday, November 21, 2015 - 10:00am
Where: Chilhowee Park, Jacob Building

Join the Foothills Craft Guild for a showing of fine arts and crafts by the many artists on display this weekend. Absolutely gorgeous craftsmanship.

Jacob Building
Chilhowee Park
Going East on Magnolia Avenue, past Cherry Street, take a left on Lakeside Street. Buddy's Bar-B-Q will be on the far right corner.

Free parking.

$8 admission
Saturday, Nov. 21, 2015 - 10 AM to 6 PM
Sunday, Nov. 22, 2015 - 11 AM to 5 PM


Mayor Rogero took exception to a column by Victor Ashe in this week's Shopper that had some rather harsh criticism of one of her staff regarding greenway construction. (Here's the column.)

Mayor Rogero emailed Victor Ashe calling him out "for so nastily and unfairly singling out a hard-working junior staff member" in his "weekly gossip column" and for "pestering" her office with "comically hypocritical" information requests. And she's just getting started. There will be consequences! Read the epic email after the break...



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