A “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by Jonathan Gilbert—a Smyrna auto mechanic—against Horwitz Law, PLLC client Daylan Langford is now dismissed with prejudice under the Tennessee Public Participation Act, the Circuit Court for Rutherford County, Tennessee has ruled. The court also
November 23–November 29, 2024 Construction company and its principal falsely represent that a store renovation they were hired to complete would be completed in time for the new store’s opening, fail to finish the work in time for the store to open, charge extra
November 16–November 22, 2024 Before she dies, Decedent executes a Durable Power of Attorney form designating Daughter as her attorney-in-fact. The form states: “THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.” Afterward, Decedent is admitted into a
November 9–November 15, 2024 Man injured in a tractor-trailer accident sues Trucking Company. After filing suit, Man serves process on Trucking Company’s registered agent. When Trucking Company neglects to respond to the lawsuit, Man moves for and obtains a $750,000.00 default judgment. Arguing that
By Daniel A. Horwitz: I. Introduction[1] In 2016, Tennessee enacted a new law criminalizing the “unlawful exposure” of certain sexually explicit, private images: a form of sexual abuse commonly known as “revenge porn.”[2] Tennessee’s “unlawful exposure” law supplemented a pre-existing criminal statute that prohibited
By Daniel A. Horwitz: Strategic lawsuits against public participation—better known as “SLAPP-suits”—use the legal system to punish constitutionally protected speech.[1] The Tennessee Supreme Court has explained that “[t]he primary aim of a SLAPP is not to prevail on the merits, but rather to chill
“[A]ll enforcement of the recruitment provision” of Tennessee’s so-called “Abortion Trafficking” statute is now preliminarily enjoined, U.S. District Court Judge Aleta A. Trauger has ordered. The decision comes as a result of a lawsuit filed by Horwitz Law, PLLC clients Rachel Welty and Tennessee State
Beginning in January 2024, the City of Lakeland, Tennessee began fining Horwitz Law, PLLC client Julie Pereira for her political yard sign reading: "Fuck 'Em Both 2024." In response, Ms. Pereira filed suit, asserting that the City of Lakeland's enforcement action violated her First
Horwitz Law, PLLC client Scott Wilson’s wrongful convictions for criminal contempt must be reversed, a Tennessee Court of Appeals panel has held. “[T]hat the order which was allegedly violated lacked specificity and was ambiguous requires a reversal of the convictions of contempt[,]” the Court’s
March 22–March 29, 2024 Witness: Shows up voluntarily for a hearing. Trial Court: “Sir, let me tell you what the law says. This isn’t me, Judge Michael Binkley, saying this. This is the law that I need for you to understand so we don’t