Appeals

Horwitz Law, PLLC Client Kenneth Mynatt Wins Federal Tort Claims Act Appeal, Unanimous Reversal of District Court Order Before the U.S. Court of Appeals for the Sixth Circuit

In a unanimous panel opinion issued on August 12, 2022, the U.S. Court of Appeals for the Sixth Circuit has ordered that Horwitz Law, PLLC appellate client Kenneth Mynatt's malicious prosecution and civil conspiracy claims against the United States—maintained under the Federal Tort Claims

By |2024-10-06T17:34:07-05:00August 21st, 2022|Appeals, Daniel Horwitz, In the News, Litigation|

Tennessee Court of Appeals Affirms Trial Court Order Invalidating School Board Censorship Clause in Ex-Director Shawn Joseph’s Severance Agreement

In a pair of separate opinions issued today, the Tennessee Court of Appeals affirmed a ruling by Davidson County Chancery Court Judge Ellen Hobbs Lyle in favor of Plaintiffs Amy Frogge, Fran Bush, and Jill Speering, all represented by Horwitz Law, PLLC.  The ruling arose out of a lawsuit

In Victory for Horwitz Law PLLC Client, Tennessee Supreme Court Rules that the Tennessee Bureau of Investigation Lacks Authority to Violate Court Orders

“The determination of whether an offense is eligible for expunction is an obligation entrusted to courts, not the TBI[,]” the Tennessee Supreme Court has ruled.  Accordingly, “the TBI lacked authority to refuse to comply” with a final and unappealed expungement order that no statute

Horwitz Law, PLLC Clients the Nashville Area Chamber of Commerce, Save Nashville Now Prevail in Court of Appeals Litigation Over Invalid Referendum

Bringing a multi-year saga to its likely conclusion, the Tennessee Court of Appeals has unanimously held that a referendum petition filed by an amorphous entity calling itself "4 Good Government" was fatally defective because it illicitly prescribed multiple election dates, rather than complying with

By |2024-10-06T17:35:20-05:00March 30th, 2022|Appeals, Election Law, In the News|

Following Unanimous Ruling by the Tennessee Court of Appeals, Horwitz Law, PLLC Client Kenneth Mynatt Wins Malicious Prosecution Appeal

In an opinion issued September 28, 2021, the Tennessee Court of Appeals has ordered that Horwitz Law, PLLC appellate client Kenneth Mynatt's malicious prosecution and civil conspiracy claims be reinstated.  The Court's unanimous ruling, authored by Judge Thomas R. Frierson, explains that the retirement

By |2022-08-21T20:09:45-05:00October 2nd, 2021|Appeals, Daniel Horwitz, Litigation|

Horwitz Law Wins Appeal of First-Ever Anti-SLAPP Judgment Under the Tennessee Public Participation Act

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

Horwitz Wins Sixth Circuit Reversal Against Judge Who Instituted Inmate Sterilization Program

In 2017, three inmates in White County, Tennessee sued White County General Sessions Judge Sam Benningfield, alleging a variety of constitutional violations arising from a coervice sterilization-for-sentencing-credits program instituted in the county jail. Among other things, the inmates' lawsuit sought injunctive relief that would

By |2021-02-17T16:07:04-06:00April 4th, 2019|Appeals, Daniel Horwitz|

Horwitz Secures Appellate Victory Upholding Validity of Election that Established Nashville’s Police Oversight Board

Nashville's first-ever Community Oversight Board—a committee that will review and investigate complaints of police misconduct that voters approved by an overwhelming margin in a November 2018 referendum—will stand, according to a unanimous opinion from the Tennessee Court of Appeals. The Fraternal Order of Police

By |2021-02-17T16:07:10-06:00January 11th, 2019|Appeals, Daniel Horwitz, Election Law, Litigation|
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