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Defamation case dismissed based on absolute litigation privilege.

Day on Torts

Where defendant’s allegedly defamatory statements accusing plaintiffs of bigamy were made within the context of a declaratory judgment action, the absolute litigation privilege applied and dismissal of the defamation case was affirmed. M2020-01291-COA-R3-CV, 2022 WL 1788274 (Tenn. In Vanwinkle v. Thompson , No.

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Proper analysis for petition to dismiss under Tennessee Public Participation Act (TPPA).

Day on Torts

When a litigant has filed a motion to dismiss pursuant to the Tennessee Public Participation Act (TPPA), that motion should be analyzed under the provisions of the TPPA rather than under the traditional Tennessee Rule of Civil Procedure 12 analysis. E2021-01513-COA-R3-CV, 2022 WL 16559447 (Tenn. In Reiss v. internal citation omitted).

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Appeal under Tennessee Public Protection Act ruled untimely.

Day on Torts

E2021-00812-COA-R3-CV, 2022 WL 14199150 (Tenn. 25, 2022), plaintiff filed multiple tort claims against multiple defendants, including libel claims against certain defendants based on their social media statements related to the death of a dog who died while in the care of plaintiff’s dog training business. In Laferney v.

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Defendants can commit trespass on land they believed they owned.

Day on Torts

M2021-01347-COA-R3-CV, 2022 WL 16846642 (Tenn. 10, 2022), plaintiffs and defendants had been involved in extensive litigation related to a boundary line dispute running between their residential properties. In Barrios v. Simpkins , No. This opinion was released three months after oral arguments in this case.

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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

Here is my annual list of Halloween torts and crimes. Halloween has everything for a torts-filled holiday: battery, trespass, defamation, nuisance, product liability and more. However, my students and I often discuss the remarkably wide range of torts that comes with All Hallow’s Eve.

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Dismissal of Defamation and False Light Claim under Tennessee Public Participation Act partially reversed.

Day on Torts

M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. 28, 2022), plaintiff was a real estate professional involved in some capacity with Durham Farms, which was a large residential community. Because the TPPA is a relatively new statute, it has not been interpreted in many opinions. In Charles v. McQueen , No. The TPPA, Tenn.

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No civil liability for sharing truthful information about matter of public concern.

Day on Torts

M2021-01021-COA-R3-CV, 2022 WL 2718659 (Tenn. July 13, 2022), plaintiffs’ son died and the local police department ruled the death a suicide. This case is an important read for anyone litigating a tort case involving a matter of public concern. In Adreacchio v. Hamilton , No. Summary judgment was therefore affirmed.

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