A “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by Jonathan Gilbert—a Smyrna auto mechanic—against Horwitz Law, PLLC client Daylan Langford is now dismissed with prejudice under the Tennessee Public Participation Act, the Circuit Court for Rutherford County, Tennessee has ruled. The court also
November 30–December 6, 2024 A county regional planning commission denies an application to place a quarry in an agricultural zone because: (1) the quarry is not a permitted use, and (2) the relevant zoning scheme states that all nonpermitted uses are prohibited. The trial
November 23–November 29, 2024 Construction company and its principal falsely represent that a store renovation they were hired to complete would be completed in time for the new store’s opening, fail to finish the work in time for the store to open, charge extra
A trial court's order denying Horwitz Law, PLLC clients Linda Ward and Caledonia Forest's Tennessee Public Participation Act Petition to Dismiss must be reversed and remanded, the Tennessee Court of Appeals has ruled. The ruling sets multiple important precedents under the Tennessee Public Participation Act,
The Tennessee Supreme Court will hear the Nashville Banner’s appeal seeking to unseal judicial records that may shed light on claims that Davidson County Criminal Court Judge Cheryl Blackburn—who suffered a stroke in 2021—is incompetent. The Tennessee Supreme Court’s order granting the Nashville Banner’s
November 16–November 22, 2024 Before she dies, Decedent executes a Durable Power of Attorney form designating Daughter as her attorney-in-fact. The form states: “THIS DOCUMENT DOES NOT AUTHORIZE ANYONE TO MAKE MEDICAL AND OTHER HEALTH-CARE DECISIONS FOR YOU.” Afterward, Decedent is admitted into a
By Daniel A. Horwitz: Defending Criminal Contempt Cases in Tennessee[1] Under Tennessee law, courts may punish a person’s contempt of a court order as a criminal offense. Courts’ criminal contempt authority “is designed to preserve the power and vindicate the dignity and authority of the
November 9–November 15, 2024 Man injured in a tractor-trailer accident sues Trucking Company. After filing suit, Man serves process on Trucking Company’s registered agent. When Trucking Company neglects to respond to the lawsuit, Man moves for and obtains a $750,000.00 default judgment. Arguing that
By Daniel A. Horwitz: I. Introduction[1] In 2016, Tennessee enacted a new law criminalizing the “unlawful exposure” of certain sexually explicit, private images: a form of sexual abuse commonly known as “revenge porn.”[2] Tennessee’s “unlawful exposure” law supplemented a pre-existing criminal statute that prohibited
November 2–November 8, 2024 Woman with a history of financially motivated criminal dishonesty contests Decedent’s will; claims that she and the Decedent had secretly married; and seeks half of his “sizeable” estate. The trial court dismisses the petition, finding both that clear and convincing