Daniel Horwitz

Intermediate Scrutiny for April 5, 2024

A snappy weekly newsletter from the lawyers at Horwitz Law, PLLC summarizing the week's decisions from the Tennessee Court of Appeals. March 30–April 5, 2024 One member of Catch22Nashville, LLC—a gastropub—sues some other members.  Tennessee Court of Appeals: The major major major major problem with this

By |2024-04-08T21:58:12-05:00April 8th, 2024|Intermediate Scrutiny|

Intermediate Scrutiny for February 9, 2024

A snappy weekly newsletter from the lawyers at Horwitz Law, PLLC summarizing the week's decisions from the Tennessee Court of Appeals. February 3–February 9, 2024 Mother and Father are divorced.  Mother—who is the primary caregiver of the ex-couple’s Children—seeks to relocate with Children more than

By |2024-02-09T17:36:13-06:00February 9th, 2024|Intermediate Scrutiny|

Citizens Prevail Against SLAPP-Suit Filed By City of Fayetteville, Tennessee Aldermen

A “Strategic Lawsuit Against Public Participation” (a SLAPP-suit) filed by three City of Fayetteville, Tennessee, Aldermen against two citizens who petitioned them must be dismissed with prejudice, the Circuit Court for Lincoln County, Tennessee, has ruled.  The Court also awarded the two citizens “their court

By |2024-01-30T18:21:25-06:00January 30th, 2024|Daniel Horwitz, First Amendment|

In Victory for Horwitz Law PLLC Client, Tennessee Supreme Court Rules that the Tennessee Bureau of Investigation Lacks Authority to Violate Court Orders

“The determination of whether an offense is eligible for expunction is an obligation entrusted to courts, not the TBI[,]” the Tennessee Supreme Court has ruled.  Accordingly, “the TBI lacked authority to refuse to comply” with a final and unappealed expungement order that no statute

Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance Held In Contempt, Ordered to Return $64,000.00 It Collected in Willful Violation of Permanent Injunction

The Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance “is in contempt of court,” a senior Chancery Court judge has found.  The finding arose from the Registry’s willful collection of $64,000.00 in PAC fees in violation of a permanent injunction prohibiting

By |2022-04-15T10:44:31-05:00April 15th, 2022|Daniel Horwitz, Election Law, First Amendment, Litigation|

Happy New Year to the Tennessee Public Participation Act!

By Daniel A. Horwitz (Republished from the Tennessee Free Speech Blog): In 2019, Tennessee’s free speech law underwent a sea change.  The Tennessee Public Participation Act—Tennessee’s first-ever meaningful anti-SLAPP law—took effect, ushering in a host of critical protections for people sued for defamation (libel

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