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. […]
Category: Tennessee Public Participation Act
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 […]
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, […]
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 […]
First-Ever Anti-SLAPP Petition In Tennessee Granted in Lawsuit Regarding Negative Yelp Review
By Daniel A. Horwitz: On July 1, 2019, the Tennessee Public Participation Act—Tennessee’s first meaningful anti-SLAPP statute—took effect. The statute dramatically expanded the scope of speech that receives heightened legal protection in Tennessee. It also equips people targeted by Strategic Lawsuits Against Public Participation (“SLAPP-suits”) with important tools to secure the dismissal of meritless claims […]
The “Tennessee Public Participation Act,” Tennessee’s First-Ever Meaningful Anti-SLAPP Law, Takes Effect Today
By Daniel A. Horwitz: If you woke up this morning feeling freer to speak your mind, there’s a reason: A little-noticed law with huge free speech benefits takes effect today. As of July 1, 2019, the “Tennessee Public Participation Act”—Tennessee’s first-ever meaningful Anti-SLAPP law—became effective and affords those who are sued for their speech a […]