A trial court’s dismissal—under the Tennessee Public Participation Act—of all claims against Horwitz Law, PLLC client Michael Barrett is affirmed, the Tennessee Court of Appeals has ruled. Mr. Barrett also is entitled to payment of his attorney’s fees on appeal.
“Secure Air presents no argument that making a safety report to the FAA falls outside ‘a party’s exercise of the right of free speech [or] right to petition.’” Tenn. Code Ann. § 20-17-104(a). Likewise, Secure Air advances no argument that it successfully demonstrated a prima facie case of intentional interference with business relationships as alleged in the Complaint. Indeed, the trial court found that Secure Air presented ‘no admissible evidence to back up a prima facie case,’ and the record on appeal contains no evidence regarding the elements of the cause of action. Accordingly, there is neither an argument that filing a safety report with the FAA is insufficient to meet the petitioner’s initial burden under the TPPA nor an argument that Secure Air presented sufficient evidence of a prima facie case to survive a TPPA motion[,]” the Court of Appeals ruled.
The case concerned retaliatory litigation that Secure Air Charter, LLC—a private jet company—initiated against a former pilot for whistleblowing to the FAA about safety concerns. The trial court dismissed all claims against Secure Air Charter under the TPPA and denied Secure Air Charter leave to amend. Now, the Court of Appeals has affirmed the dismissal.
The victory makes thirteen straight Tennessee Court of Appeals wins for the Horwitz Law, PLLC appellate practice team. Selected case documents appear below.
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Tennessee Court of Appeals Opinion: https://www.tncourts.gov/sites/default/files/OpinionsPDFVersion/Majority%20Opinion%20-%20M2025-00312-COA-R3-CV.pdf
Horwitz Law, PLLC’s Principal Brief: https://horwitz.law/wp-content/uploads/Barrett-Principal-Brief.pdf
Trial Court TPPA Dismissal Order: https://horwitz.law/wp-content/uploads/Order-Granting-Barrett-TPPA-Petition.pdf
Oral Argument: https://www.youtube.com/watch?v=NDh35Ez-XdM
Contact: [email protected]
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Daniel A. Horwitz is an appellate and speech defense lawyer who represents clients across Tennessee. If you are seeking appellate or First Amendment representation, you can purchase a consultation from Horwitz Law here.