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
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