A snappy, aspirationally weekly newsletter from the lawyers at Horwitz Law, PLLC summarizing the week’s decisions from the Tennessee Court of Appeals.
October 26–November 1, 2024 Driver who carries uninsured motorist insurance is injured in a car accident with an uninsured motorist. Driver sues both the uninsured motorist and Driver's Insurer, but the case proceeds to trial against Driver’s Insurer alone. Afterward, the jury finds for
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
September 28–October 11, 2024 Child suffers serious injuries, requires multiple surgeries after being cut on a “broken metal pole with [] jagged edges which was allowed to remain embedded in [a] lakebed.” The pole was maintained by the State on state-owned property, so the
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
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
“[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
August 24–September 13, 2024 Little Richard dies. His will lays out a plan for nine beneficiaries to work together to exploit his rights of publicity upon his death. After a majority of the beneficiaries agree on a plan to do so, a dissenting beneficiary—who
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:
