By Daniel A. Horwitz: As news of Dominion Voting System’s record-shattering settlement in its defamation case against Fox News spread across newswires, the Tennessee Court of Appeals quietly issued a landmark defamation decision of its own. In particular, in a little-noticed April 18, 2023 ruling in Pragnell v. Franklin, No. E2022-00524-COA-R3-CV, 2023 WL 2985261 (Tenn. […]
Author: danielhorwitz
Happy New Year to the Tennessee Public Participation Act!
By Daniel A. Horwitz: In 2019, Tennessee’s free speech law underwent a sea change. The Tennessee Public Participation Act—Tennessee’s first-ever meaningful anti-SLAPP law—took effect, ushering in a host of critical protections for people sued for defamation (libel or slander), false light invasion of privacy, business disparagement, or other speech-based torts. Heading into its third year […]
Tennessee Court of Appeals Affirms First-Ever Anti-SLAPP Judgment Under the Tennessee Public Participation Act
By Daniel A. Horwitz: In a precedent-setting, unanimous ruling, the Tennessee Court of Appeals has affirmed the first trial court judgment ever issued under the Tennessee Public Participation Act, Tennessee’s recently enacted anti-SLAPP statute. The ruling establishes several critical precedents for free speech law in Tennessee, and it represents a total victory for Wilson County […]
The Tennessee Public Participation Act is affirmed—and it’s working.
By Daniel A. Horwitz: In 2019, Tennessee’s free speech law underwent a sea change. The Tennessee Public Participation Act—Tennessee’s first-ever meaningful anti-SLAPP law—took effect, ushering in a host of protections for people sued for defamation (libel or slander), false light invasion of privacy, business disparagement, or other speech-based torts. Due to a recent decision out […]
Davidson County Chancery Court Judge Rules in Favor of School Board Members, Invalidates Censorship Clause in Ex-MNPS Director Shawn Joseph’s Severance Agreement
In an order issued earlier this afternoon, Davidson County Chancery Court Judge Ellen Hobbs Lyle ruled in favor of Plaintiffs Amy Frogge, Fran Bush, and Jill Speering, who earlier this year sued Metro and ex-MNPS Director Shawn Joseph over the legality of the School Board censorship clause contained in Joseph’s severance agreement. In a Memorandum Order, Chancellor […]
Tennessee congressional candidate’s $800,000.00 SLAPP-suit dismissed mere days after filing
Yet another SLAPP-suit has been dismissed in Tennessee—this one a mere 12 days after filing. Once again, the rapid dismissal was made possible by the Tennessee Public Participation Act—Tennessee’s relatively new anti-SLAPP statute—which affords defendants targeted by bogus speech-based lawsuits a wealth of powerful tools to secure (or negotiate) prompt dismissals, recover their attorney’s fees, […]
Tennessee Court of Appeals Affirms Outright Dismissal of Fired Credit Union CEO’s Defamation, Whistleblower Claims
By Daniel A. Horwitz: In February 2018, Janet Tidwell—the CEO of Holston Methodist Federal Credit Union—was fired following an audit. According to Ms. Tidwell, she was actually terminated because she confronted the Chairman of the credit union’s Board of Directors and the Chair of its Supervisory Committee about the Board being out of compliance with […]
Second-Ever Anti-SLAPP Petition Granted Under the Tennessee Public Participation Act, $26,500.00 in Attorney’s Fees and Sanctions Awarded to Prevailing Defendant
The second-ever anti-SLAPP petition filed under the Tennessee Public Participation Act (TPPA)—Tennessee’s new anti-SLAPP statute—has officially been granted, accompanied by the largest fee-shifting award ($26,500.00) ever awarded in a defamation case filed in Tennessee. The final order—granted by Davidson County Circuit Court Judge Joe P. Binkley—comes on the heels of a February 2020 ruling by […]
Defending Against Malicious Prosecution Claims in Tennessee
By Daniel A. Horwitz: Malicious prosecution is a civil tort claim that plaintiffs can bring against defendants who unsuccessfully initiated prior legal proceedings against them. “In order to establish the essential elements of malicious prosecution” claim that arises from a civil proceeding, “a plaintiff must prove that (1) a prior suit or judicial proceeding was […]
Not With a Bang, But With a Whimper: Strip Club and Valet Parking Company’s SLAPP-Suit Against Neighbors, Councilman Ends Quietly After Total Loss in Five Separate Courts
By Daniel A. Horwitz: Déjà Vu Showgirls is a strip club located on Church St. in Nashville. In an effort to enhance its customer experience, one of the services that Déjà Vu (briefly) provided its customers was valet parking: A service that ticked off its adjacent neighbors when its valet contractor—a company called “The Parking […]