Selected Case History
Libel, Slander, and Other Speech-Based Tort Claims:
1. Davidson County Circuit Court, Case No. 21C1607, Klacik v. Owens
-Causes of Action: Libel
-Time to dismissal: 15 months from filing of Complaint
-Result: Dismissal With Prejudice (TPPA Petition to Dismiss Granted)
-Discovery: Yes (party depositions)
-Liability avoided: $20,000,000.00(0/$20 million recovered)
-Fee-shift: Yes (Plaintiff paid Defendant $115,000.00 fee-shifting award for attorney’s fees and discretionary costs)
2. Davidson County Circuit Court, Case No. 20C740, Vonhartman v. Butterton
-Causes of Action: Libel, Slander, Malicious Prosecution
-Time to dismissal: Ten weeks from filing of Complaint
-Result: Dismissal With Prejudice (Motion to Dismiss and TPPA Petition to Dismiss Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $750,000.00 (0/$750,000.00 recovered)
-Fee-shift: Yes (Plaintiff paid Defendant $26,500.00 fee-shifting award for attorney’s fees, sanctions, and discretionary costs in addition to court costs)
3. Wilson County Circuit Court, Case No. 2019CV663, Nandigam Neurology v. Devin Yount, et al.
-Causes of Action: Defamation/False Light/Civil Conspiracy
-Time to Dismissal: Six weeks from filing of Complaint
-Result: Dismissal with Prejudice (Motion to Alter/Amend Order of Voluntary Dismissal Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: “No less than $25,000” plus punitive damages ($0.00 of unspecified demand recovered)
-Fee-shift: Yes ($25,000.00 attorney’s fee, cost, and sanction award).
4. Wilson County General Sessions Court, Case No. 2020CV152, Kaveer Nandigam, et al. v. Kelly Beavers
-Causes of Action: Defamation/False Light
-Time to Dismissal: Three weeks from filing of Complaint, Affirmed Unanimously on Appeal
-Result: Dismissal with Prejudice (Motion to Dismiss/TPPA Petition to Dismiss Granted and Affirmed With Award of Appellate Attorney’s Fees)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $25,000 ($0.00/$25,000 recovered)
-Fee-shift: Yes ($50,000.00 attorney’s fee, cost, and sanction award)
5. Davidson County Circuit Court, Case No. 17C295, Loftis v. Rayburn
-Causes of Action: Defamation by Implication/False Light
-Time to dismissal: Six weeks from filing of Amended Complaint
-Result: Dismissal With Prejudice (Motion to Dismiss Amended Complaint Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $1.5 million (0/$1.5 million recovered)
-Fee-shift: Yes ($10,000 fee-shifting attorney’s fee award)
6. Davidson County Circuit Court, Case No. 18C362, DS One v. Jamie Bayer, et al.
-Causes of Action: Libel/Misrepresentation by Concealment/Fraud/Negligent Misrepresentation/False Light Invasion of Privacy/Intentional Interference of a Business Relationship/Civil Conspiracy
-Time to dismissal: Five weeks from filing of Complaint
-Result: Dismissal with Prejudice before hearing following Defendant’s Motion to Dismiss (Agreed/Voluntary)
-Discovery: Yes (limited interrogatories only)
-Liability avoided: $2 million (0/$2 million recovered)
-Fee-shift: Court costs assessed to Plaintiff
7. Davidson County Circuit Court, Case No. 19C2096 Stevens v. Sees, et al.
-Causes of Action: Defamation/Civil Conspiracy
-Time to Dismissal: Nine weeks from filing of Complaint
-Result: Dismissal with Prejudice before hearing following Motion and TPPA Petition to Dismiss (Agreed/Voluntary)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $150,000 (0/$150,000 recovered)
-Fee-shift: Court costs assessed to Plaintiff
8. Washington County Circuit Court, Case No. 19CV0139, Nicolau v. Citizens Commission on Human Rights, et al.
-Causes of Action: Defamation
-Time to Dismissal: Eleven weeks from filing of Complaint
-Result: Dismissal with Prejudice (Motion to Dismiss Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $8.1 million (0/$8.1 million recovered)
-Fee-shift: Obviated by Plaintiff’s declaration of bankruptcy
9. U.S. District Court for the Middle District of Tennessee, Case No. 3:18-cv-00511, Deja Vu of Nashville, et al. v. Metropolitan Government of Nashville, et al.
-Causes of Action: Civil Conspiracy
-Time to Dismissal: Eight months from filing of Complaint
-Result: Dismissal with Prejudice (Motion to Dismiss Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: Unspecified ($0.00 of unspecified demand recovered)
-Fee-shift: Court costs assessed to Plaintiff
10. Sumner County Circuit Court, Case No. 83CC1-2020-CV-616, Adamson v. Grove, et al.
-Causes of Action: False Light Invasion of Privacy, Unreasonable Publicity, Libel, Slander, Intentional Interference With Business Relations, Civil Conspiracy, Intentional Infliction of Emotional Distress
-Time to Dismissal: 12 days from filing of Amended Complaint
-Result: Dismissed without prejudice
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $800,000.00 ($0.00/$800,000.00 recovered)
-Fee-shift: Court costs assessed to Plaintiff
11. Dyer County Circuit Court, Case No. 2021-CV-7 (Sells v. Swift, et al.)
-Causes of Action: Defamation, Civil Conspiracy
-Time to Dismissal: Six months
-Discovery: No (dismissal pre-discovery)
-Result: Voluntarily dismissed after filing of TPPA Petition, followed by agreement not to refile.
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $2 million ($0.00/$2 million recovered)
-Fee-shift: Court costs taxed to Plaintiff; appeal seeking attorney’s fees and sanctions dismissed pursuant to agreement not to refile dismissed claims
12. Hamilton County General Sessions Case No. 22GS3977 (Olivia Price v. Jennifer Tiehen)
-Causes of Action: Defamation
-Time to Dismissal: Ten weeks
-Discovery: No (dismissal pre-discovery)
-Result: Dismissed With Prejudice (TPPA Petition to Dismiss Granted)
-Liability avoided: $25,000.00 ($0.00/$25,000.00 recovered)
-Fee-shift: Yes ($14.803.65 attorney’s fee, cost and expense award)
13. Hamilton County General Sessions Case No. 22GS3977 (Donald S. Price v. Jennifer Tiehen)
-Causes of Action: Defamation
-Time to Dismissal: Ten weeks
-Discovery: No (dismissal pre-discovery)
-Result: Dismissed With Prejudice (TPPA Petition to Dismiss Granted)
-Liability avoided: $25,000.00 ($0.00/$25,000.00 recovered)
-Fee-shift: Yes ($14.803.65 attorney’s fee, cost and expense award)
14. Davidson County General Sessions Case No. 23GC5926 (Bill Darsinos and Southside Grill v. Hannah Olsen)
-Causes of Action: Defamation
-Time to Dismissal: 30 days
-Discovery: No (dismissal pre-discovery)
-Result: Dismissed With Prejudice (Voluntary Dismissal With Prejudice in Response to TPPA Petition to Dismiss)
-Liability avoided: $25,000.00 ($0.00/$25,000.00 recovered)
-Fee-shift: Court costs taxed to Plaintiff
15. Davidson County Circuit Court Case No. 23C891 (Michelle Foreman v. David Rosenberg)
-Causes of Action: Defamation
-Time to Dismissal: 41 days after filing of Amended Complaint
-Discovery: No (dismissal pre-discovery)
-Result: Dismissed With Prejudice (TPPA Petition to Dismiss granted)
-Liability avoided: $300,000.00 ($0.00/$300,000.00 recovered)
-Fee-shift: Yes (Attorney’s fee award pending)
Prior Restraints:
1. Lynne S. Cherry, et al. v. Del Frisco’s Grille of Tennessee, LLC, et al., Case No. M2022-00218-COA-R10-CV (on behalf of restrained non-party)—Tennessee Court of Appeals
–*Order of the Tennessee Court of Appeals Vacating Restraint
–Petition for Writ of Certiorari
2. Denton’s Electronics, Inc. v. Lucas Roberson, Case No. M2023-00081-COA-R10-CV—Tennessee Court of Appeals
–*Order of Voluntary Dismissal