Intermediate Scrutiny Blog

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

June 22–July 12, 2024 Pro Se Appellant, in public records appeal arising out of Shelby County: One Shelby County judge was “dishonest, arrogant, and ignorant,” showed “a broad contempt for the law,” and was “unfit[] to have ever sat on the bench.”  Another Shelby County judge was “sloppy, . . . arrogant and dishonest,”

June 8–June 21, 2024 Tennessee Court of Appeals, in grandparent visitation litigation: As a reminder, even if everyone (including us) agrees you’re right about some issue, if you present it for the first time on appeal, it’s waived.  There’s tension between “the duty of this Court to apply the controlling law, for which there

May 18–June 7, 2024 In post-divorce litigation, Father charges Mother with 29 counts of criminal contempt for alleged violations of the Parties’ permanent parenting plan.  Mother is then convicted of seven counts of criminal contempt and sentenced to 29 days in jail.  Tennessee Court of Appeals: Father did not carry his burden on any count,