A snappy, aspirationally weekly newsletter from the lawyers at Horwitz Law, PLLC summarizing the week’s decisions from the Tennessee Court of Appeals.
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:
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
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:
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
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
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
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
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
A trial court’s January 23, 2024 order dismissing a “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by three City of Fayetteville Aldermen against two citizens who petitioned them is now final. Although the Aldermen initially filed a Notice of Appeal after losing in the trial court, whether
