A snappy, aspirationally weekly newsletter from the lawyers at Horwitz Law, PLLC summarizing the week’s decisions from the Tennessee Court of Appeals.

Intermediate Scrutiny for October 25, 2024

October 12–October 25, 2024 Realtor files malicious prosecution lawsuit against Defendant who filed an ethics complaint against Realtor, which the Tennessee Real Estate Commission resolved as: “CLOSED/NO ACTION.” Because filing an ethics complaint is presumptively protected petitioning activity, Defendant petitions to dismiss Realtor’s lawsuit

By |2024-11-04T00:48:44-06:00October 25th, 2024|Intermediate Scrutiny|

Victims of SLAPP-Suits Cannot Recover Their Legal Fees If Plaintiffs Withdraw Their Claims Before Hearing, Holds Tennessee Supreme Court

By Daniel A. Horwitz: Strategic lawsuits against public participation—better known as “SLAPP-suits”—use the legal system to punish constitutionally protected speech.[1]  The Tennessee Supreme Court has explained that “[t]he primary aim of a SLAPP is not to prevail on the merits, but rather to chill

Intermediate Scrutiny for September 27, 2024

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

By |2024-11-01T09:50:10-05:00September 27th, 2024|Intermediate Scrutiny|

Federal Judge Preliminarily Enjoins “All Enforcement” of the “Recruitment” Provision of Tennessee’s “Abortion Trafficking” Statute Against Horwitz Law, PLLC Clients, Public

“[A]ll enforcement of the recruitment provision” of Tennessee’s so-called “Abortion Trafficking” statute is now preliminarily enjoined, U.S. District Court Judge Aleta A. Trauger has ordered.  The decision comes as a result of a lawsuit filed by Horwitz Law, PLLC clients Rachel Welty and Tennessee State

Intermediate Scrutiny for August 23, 2024

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:

By |2024-11-01T09:51:04-05:00August 23rd, 2024|Intermediate Scrutiny|

Intermediate Scrutiny for August 16, 2024

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

By |2024-11-01T09:51:52-05:00August 16th, 2024|Intermediate Scrutiny|

Intermediate Scrutiny for August 9, 2024

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:

By |2024-08-17T14:54:02-05:00August 9th, 2024|Intermediate Scrutiny|
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