Intermediate Scrutiny Blog

Intermediate Scrutiny Blog2024-01-05T17:17:26-06:00
22Aug, 2025

Intermediate Scrutiny for August 22, 2025

By |August 22nd, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

August 2–22, 2025 Town sues LLC and the LLC's Individual Members over alleged misrepresentation made by one Member about the LLC’s willingness to pay for traffic improvements in connection with a development project.  The LLC’s Individual Members dispute that they can be sued individually, and the matter reaches appeal following a joinder controversy.  Tennessee Court of Appeals:

1Aug, 2025

Intermediate Scrutiny for August 1, 2025

By |August 1st, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

July 26–August 1, 2025 Plaintiff sues someone in North Carolina.  Plaintiff then discovers that a Tennessee Business might have relevant documents, so Plaintiff obtains a subpoena in North Carolina and domesticates it in Tennessee under the Uniform Interstate Depositions and Discovery Act.  Afterward, Plaintiff serves the subpoena on Tennessee Business and petitions to enforce

25Jul, 2025

Intermediate Scrutiny for July 25, 2025

By |July 25th, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

July 19–25, 2025 Driver wraps her car around a pole, ends up in a ditch.  After troopers respond, an open bottle of Tito’s is found in Driver’s glove compartment, she exhibits multiple signs of impairment, one officer says she smells of alcohol, and she volunteers that she took a bunch of prescription painkillers, several

18Jul, 2025

Intermediate Scrutiny for July 18, 2025

By |July 18th, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

July 12–July 18, 2025 After Challengers’ will contest succeeds, Litigant files malpractice claim against the law firm that prepared her fiancé’s will.  During the preceding will contest litigation, Challengers moved to set aside the will on March 15, 2021; the trial court ruled in favor of Challengers on November 18, 2021; and Litigant filed

11Jul, 2025

Intermediate Scrutiny for July 11, 2025

By |July 11th, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

July 5–July 11, 2025 Grieving Mother and your humble Summarist’s law firm file unconstitutional-conditions lawsuit against Metro Nashville challenging local ordinance and Tennessee statute that interfere with civilian oversight of police.  (The provisions instruct that victims of police misconduct lose the right to oversight if they have “initiated, threatened, or given notice of the intent to

4Jul, 2025

Intermediate Scrutiny for July 4, 2025

By |July 4th, 2025|Categories: Daniel Horwitz, Intermediate Scrutiny|Tags: |

June 21–July 4, 2025 Tennessee Court of Appeals: As a pro tip, if you execute a broadly-worded release and then sue arguable third-party beneficiaries of that release, you may find yourself in serious trouble.  And for that reason, a plaintiff’s tort claims against his former business partners—who are now agents, employees, or representatives of

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