A trial court's order denying Horwitz Law, PLLC clients Linda Ward and Caledonia Forest's Tennessee Public Participation Act Petition to Dismiss must be reversed and remanded, the Tennessee Court of Appeals has ruled. The ruling sets multiple important precedents under the Tennessee Public Participation Act,
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
“[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
Three Aldermen who sued their constituents for petitioning them about local issues must pay their constituents' appellate attorney's fees, the Tennessee Court of Appeals has ruled. The appeal arose from a trial court’s January 23, 2024 order dismissing a “Strategic Lawsuit Against Public Participation” (a
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