Marion County Judge Orders Thunder Air, Inc. to Pay Horwitz Law, PLLC Client, Co-Defendant Over $200,000 for SLAPP-Suit Concerning Statements About Abandoned Underground Mines

Per a January 24, 2025 order entered by Tennessee Twelfth Circuit Court Judge Justin C. Angel, a “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by Thunder Air, Inc. against two citizen critics has ended with a record-setting attorney’s fee award of $211,345.40.  The order concludes a nearly year-long saga in which Thunder Air—a development company owned by Chattanooga developer John “Thunder” Thornton—unsuccessfully sued local residents Joey Blevins and Ronnie Kennedy for calling attention to the fact that Thunder’s controversial proposed development sat atop a mountain saturated with abandoned underground coal mines.  During a hearing in the case, Thunder Air’s counsel Nathan Kinard stated that he “d[id] not know” if Thunder Air had disclosed the existence of the abandoned mines on the property to prospective buyers.

In September 2024, Judge Angel dismissed Thunder’s lawsuit with prejudice under the specialized provisions of the Tennessee Public Participation Act, Tennessee’s still relatively new anti-SLAPP statute.  “The Defendants’ statements are protected speech relating to a matter of public concern,” Judge Angel’s order stated.  Further, “[t]he Defendants’ statements were not false”—”there is evidence that there are abandoned mines, both above ground and strip mines on the property.”  The Court also awarded Mr. Blevins and Mr. Kennedy their attorney’s fees, costs, and expenses, which the court has now quantified at a record-setting sum of $211,345.40.

“The court’s order serves as complete vindication for Mr. Blevins, who performed a public service and looks forward to collecting the money that Thunder owes him,” said Daniel A. Horwitz, Mr. Blevins’ lead counsel.  “Hopefully, this humiliating defeat will teach Mr. Thornton and all other developers who dare to abuse Tennessee’s court system an important lesson: litigation is not a substitute for addressing valid criticism.”

Mr. Blevins was successfully represented by attorneys Daniel A. Horwitz and Melissa Dix, of Horwitz Law, PLLC, who were awarded $91,138.56.

Mr. Kennedy was successfully represented by attorneys William “Jay” Harbison II and Daniella K. Bhadare-Valente, of Neal and Harwell, who were awarded $120,206.84.

Thunder Air was unsuccessfully represented by attorneys Harold L. North, Jr., Nathan L. Kinard, and Frederick L. Hitchcock of Chambliss, Bahner & Stophel, whose client not only saw all of its claims dismissed, but also was ordered to pay the defendants that Thunder Air sued a record-setting $211,345.40.