Tag: Tennessee Public Participation Act

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, a plaintiff must prove that (1) a prior suit or judicial proceeding was instituted without probable cause, (2) [the] defendant […]

Tennessee Court of Appeals to Public Officials: Get Ready For Loads of Libel Lawsuits

By Daniel A. Horwitz: Nearly all of Tennessee’s public officials should purchase libel insurance to protect themselves from baseless defamation lawsuits regarding statements that they make on the job.  That’s the clear message that a panel of Tennessee’s Court of Appeals has sent to public employees across the state in Burns v. State, No. E2018-02174-COA-R9-CV, […]

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 […]