April 20–May 10, 2024 Intermediate Scrutiny has been on a three-week hiatus, so you get a triple-dose of Tennessee Court of Appeals opinions this week. (The opinions are unusually good, though, so forwarding this newsletter makes for a great Mother's Day gift.) Attorney with
April 6–April 19, 2024 We were off last week, so you get a double dose of Intermediate Scrutiny this week: Father violates court order “on 133 specifically identified occasions,” resulting in 186-day jail sentence for criminal contempt. Tennessee Court of Appeals: Father’s asserted notice defects
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 lawsuit is that the LLC’s operating agreement provides that “[v]enue for any dispute arising under this LLC Agreement or any
February 10–February 16, 2024 Bank 1 sues Bank 2 regarding an “approximately $100 million” loss related to its purchase of collateralized debt obligations—better known as “the toxic assets that catalyzed the Great Recession.” Tennessee Court of Appeals: Because reasonable diligence would have put Bank 1
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 fifty miles from her current residence, leading to dueling petitions for relief. Tennessee Court of Appeals: All factors favor allowing Mother
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
“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
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 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
In an opinion issued September 28, 2021, the Tennessee Court of Appeals has ordered that Horwitz Law, PLLC appellate client Kenneth Mynatt's malicious prosecution and civil conspiracy claims be reinstated. The Court's unanimous ruling, authored by Judge Thomas R. Frierson, explains that the retirement