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
By Daniel A. Horwitz: “[E]ffective July 1, 2024,” Tennessee has a new set of rules for filing amicus briefs in appellate cases. The new rules apply to amicus briefs filed in the Tennessee Supreme Court, the Tennessee Court of Appeals, and the Tennessee Court
"A trial court’s personal opinion is not a basis for restricting a person’s constitutional right to free speech," the Tennessee Court of Appeals has ruled. The ruling is a major and precedent-setting First Amendment victory for Horwitz Law, PLLC client Michael Malone. "There is
Fatal "ambiguities [in the trial court's] orders cannot support a conviction of contempt[,]" and "[t]he determination that the order which was allegedly violated lacked specificity and was ambiguous requires a reversal of the convictions of contempt," the Tennessee Court of Appeals has ruled. The
A trial court's order denying Horwitz Law, PLLC clients Joshua and Leah Debity's Tennessee Public Participation Act Petition to Dismiss must be vacated, the Tennessee Court of Appeals has ruled. The trial court's "incorporated oral ruling does not indicate why the trial court dismissed
A trial court's order incarcerating and denying bail pending appeal to a defendant who is appealing his contempt convictions must be vacated, the Tennessee Court of Appeals has ruled. The ruling arises under Tennessee Rule of Appellate Procedure 8—a rarely utilized appellate rule governing
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
The Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance “is in contempt of court,” a senior Chancery Court judge has found. The finding arose from the Registry’s willful collection of $64,000.00 in PAC fees in violation of a permanent injunction prohibiting
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
A Davidson County Circuit Court judge has ordered approval of a $304,000.00 settlement award arising from a May 2020 dog attack in Madison. The $304,000.00 award is among the largest—if not the largest—recoveries ever obtained in a dog bite case in Tennessee that did not