Selected Case History
Defense of 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. 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 ($34,961.00 attorney’s fee award; $100,000.00 sanctions award).
3. Robertson County Circuit Court Case No. 74CC1-2022-CV-247 (Black et al. v. Baldwin)
-Causes of Action: Defamation, False Light, Tortious Interference, Invasion of Privacy
-Time to Dismissal: Nine months after filing of Amended Complaint
-Discovery: Yes (party deposition)
-Result: Dismissed With Prejudice (TPPA Petition to Dismiss granted)
-Liability avoided: $3,000,000.00 ($0.00/$3,000,000.00 recovered)
-Fee-shift: Yes ($116,773.03 attorney’s fee award; $40,000.00 sanctions award).
4. Marion County Chancery Court Case No. 23C891 (Thunder Air, Inc. v. Blevins)
-Causes of Action: Defamation
-Time to Dismissal: 5 months
-Discovery: No (dismissal pre-discovery)
-Result: Dismissed With Prejudice (TPPA Petition to Dismiss granted)
-Liability avoided: unspecified ($0.00 of unspecified demand recovered)
-Fee-shift: Yes ($91,138.56 attorney’s fee and expense award)
5. 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)
6. 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).
7. 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)
8. Lincoln County Circuit Court, Case No. 23CV132, Small, et al. v. Law, et al.
-Causes of Action: Invasion of Privacy
-Time to Dismissal: Three months
-Result: Dismissal with Prejudice (TPPA Petition to Dismiss Granted)
-Discovery: No (dismissal pre-discovery)
-Liability avoided: $750,000.00 ($0.00/$750,000.00 recovered)
-Fee-shift: Yes (attorney’s fees granted; fee award pending).
9. 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)
10. 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
11. 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
12. 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
13. 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
14. 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
15. 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
16. 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)
17. 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)
18. 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: Yes (costs only)
19. Bedford County Circuit Court Case No. CV-13837 (Robert E. Lee Flade v. City of Shelbyville, et al.)
-Causes of Action: Libel, Intentional Interference With Business Relationships, IIED
-Time to Dismissal: 7 months
-Discovery: Partial (discovery from other party)
-Result: Dismissed (pre-hearing nonsuit)
-Liability avoided: $2 million ($0.00 of $2 million demand recovered)
-Fee-shift: Yes (costs only)
20. Rutherford County Circuit Court Case No. 23CV-81200 (Gilbert v. Langford)
-Causes of Action: Libel, Slander, False Light, Procurement of Breach of Contract, Intentional Interference with Business Relationship
-Time to Dismissal: 1.5 years
-Discovery: No
-Result: Dismissed With Prejudice
-Liability avoided: $200,000.00 ($0.00 of minimum $200,000.00 demand recovered)
-Fee-shift: Yes (pending)
21. Davidson County Circuit Court Case No. 24C869 (The Congress Group, Inc., et al. v. Snyder, et al.)
-Causes of Action: Libel, Slander, False Light, Procurement of Breach of Contract, Intentional Interference with Business Relationship
-Time to Dismissal: 10 months
-Discovery: No
-Result: Dismissed With Prejudice (8 of 9 claims dismissed by trial court following Motion and TPPA Petition to Dismiss; final claim dismissed pending appeal)
-Liability avoided: $213 million ($0.00 of minimum $213 million demand recovered)
-Fee-shift: Yes (costs only)
22. Blount County Circuit Court Case No. L-21648 (Hall v. Mitchell)
-Causes of Action: Defamation
-Time to Dismissal: Six Weeks
-Discovery: No
-Result: Dismissed With Prejudice (TPPA Petition granted)
-Liability avoided: $1,1 million ($0.00 of $1,1 million demand recovered)
-Fee-shift: Yes (pending)
23. Davidson County Circuit Court Case (Secure Air Charter, LLC v. Barrett)
-Causes of Action: Intentional Interference with Business Relationships
-Time to Dismissal: Seven months
-Discovery: No
-Result: Dismissed With Prejudice (TPPA Petition granted)
-Liability avoided: $200,000.00 ($0.00 of minimum $200,000.00 demand recovered)
-Fee-shift: Yes (pending)
Prior Restraints:
1. Patrick Malone v. James William Rose, Case No. M2023-01453-COA-WR-CV—Tennessee Court of Appeals
-*Opinion of the Tennessee Court of Appeals Vacating Prior Restraint
–Brief in Support of Certiorari
2. 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
3. Denton’s Electronics, Inc. v. Lucas Roberson, Case No. M2023-00081-COA-R10-CV—Tennessee Court of Appeals