By Daniel A. Horwitz: Defending Against Malicious Prosecution Claims in Tennessee* 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" claim that
In the last chapter of year-long saga, the dismissal of Déjà Vu Showgirls's SLAPP-suit against Linda Schipani—previously dismissed outright for failure to state any cognizable claim for relief—has been unanimously upheld by the Sixth Circuit Court of Appeals. Said Daniel Horwitz, Schipani’s attorney: “Deja
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
By Tennessee First Amendment, Speech Defense, and Anti-SLAPP Lawyer Daniel 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
Federal court orders that controversial sterilization program be rescinded; White County officials to pay Plaintiffs’ attorney’s fees, permanently enjoined from making or enforcing any sentencing determination that is based "in whole or in part upon a defendant's consent—or refusal to consent—to becoming permanently or
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
Prestigious Legal List Cites Horwitz's Landmark Election Litigation Victories, Wins For High Profile Clients Daniel Horwitz, a constitutional lawyer and impact litigator, has been named to The Nashville Post's 2019 "Legal in Charge" list, reserved for "the best of the best in the Nashville
After a years-long effort to secure a review of Joseph Webster's conviction for a 1998 murder, the Davidson County District Attorney's Office has officially authorized a reinvestigation into the case. It is the first investigation into a potential wrongful murder conviction in Nashville's history.
In a Memorandum Opinion and Order issued on February 4, 2019, the United States District Court for the Middle District of Tennessee has dismissed a lawsuit filed by Deja Vu of Nashville, a local strip club, against business owner Linda Schipani. The lawsuit arose out of
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