Intermediate Scrutiny Blog

September 28–October 11, 2024 Child suffers serious injuries, requires multiple surgeries after being cut on a “broken metal pole with [] jagged edges which was allowed to remain embedded in [a] lakebed.”  The pole was maintained by the State on state-owned property, so the Child’s resulting negligence claim is filed in the Claims Commission. 

September 14–September 27, 2024 Crappy and famously abusive teledentistry company that is now in bankruptcy sues NBC for reporting on its ineffective products, seeks a gagillion dollars in damages.  NBC petitions to dismiss SmileDirectClub’s SLAPP-suit under the Tennessee Public Participation Act, and the trial court does so.  Tennessee Court of Appeals: And that decision stands. 

August 24–September 13, 2024 Little Richard dies.  His will lays out a plan for nine beneficiaries to work together to exploit his rights of publicity upon his death.  After a majority of the beneficiaries agree on a plan to do so, a dissenting beneficiary—who is also one of the co-administrators of Little Richard’s estate—sabotages

August 17–August 23, 2024 Plaintiff involved in minor car accident who later told a bunch of different stories about his alleged injuries sues Defendant, claiming he suffered neck and shoulder injuries due to Defendant’s negligence.  Jury: No liability; judgment for Defendant.  Tennessee Court of Appeals: There’s plenty of material evidence to support the jury’s verdict—including

August 10–August 16, 2024 Two of Tennessee’s crappiest lawyers—one of whom filed the first SLAPP-suit ever to be dismissed under the Tennessee Public Participation Act, and the other of whom once unsuccessfully tried to file his own pro se SLAPP-suit pseudonymously—team up to try their hand at anti-SLAPP defense.  Tennessee Court of Appeals: Alas, they f&%! it up.  TPPA

July 13–August 9, 2024 Three Fayetteville Aldermen file heinous SLAPP-suit against two Constituents for petitioning them, see their claims dismissed under the Tennessee Public Participation Act.  The Aldermen appeal the dismissal, but right before they have to file their brief, they voluntarily dismiss their appeal.  Constituents: Not so fast.  Fee-shifting awards arising from successful TPPA Petitions