By Daniel A. Horwitz: Defending Against Abuse of Process Claims In Tennessee* “In Tennessee there are two tort actions which may be brought to obtain redress for the alleged misuse of legal process by another: malicious prosecution and abuse of process.”[1] A separate article
A trial court erred in making the State of Tennessee a full party defendant to constitutional litigation challenging a state law that interferes with civilian oversight of police, the Tennessee Court of Appeals has ruled. The ruling is a victory both for Horwitz Law,
A trial court's dismissal—under the Tennessee Public Participation Act—of all claims against Horwitz Law, PLLC client Theresa Baldwin is affirmed, the Tennessee Court of Appeals has ruled. Ms. Baldwin also is entitled to payment of her attorney's fees on appeal, and the trial court's
A trial court's order permitting two plaintiffs to nonsuit their claims while a Tennessee Public Participation Act petition was pending but following an earlier Tennessee Court of Appeals reversal must be vacated, the Tennessee Court of Appeals has ruled. The ruling is a precedent-setting
"The majority of the counts of criminal contempt" on which a Williamson County trial court judge convicted must be reversed, the Tennessee Court of Appeals has ruled. The Tennessee Court of Appeals also ordered that "we vacate the sentences imposed by the trial court
Williamson County Chancery Court Judge Deanna Johnson's order dismissing Horwitz Law, PLLC client Melissa Salmon's complaint against Fellowship Bible Church of Williamson County must be reversed, the Tennessee Court of Appeals has ruled. The case arose out of an important new law—Tennessee Code Annotated
Hardeman County Chancery Court Judge William C. Cole's order dismissing Horwitz Law, PLLC client Benjamin Douglas's lawsuit against the Tennessee Department of Correction must be reversed, the Tennessee Court of Appeals has ruled. The lawsuit seeks injunctive and declaratory relief based on the safe
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
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,
By Daniel A. Horwitz: Defending Criminal Contempt Cases in Tennessee[1] Under Tennessee law, courts may punish a person’s contempt of a court order as a criminal offense. Courts’ criminal contempt authority “is designed to preserve the power and vindicate the dignity and authority of the