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

Day on Torts

The counterclaim asserted claims for breach of contract, libel and slander based on statements allegedly made online and to third parties by plaintiffs about defendant. The trial court denied the TPPA motion to dismiss, and plaintiffs appealed this denial, which was vacated on appeal due to the trial court’s use of the wrong analysis.

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Dismissal Based on Lack of Foreseeability Reversed.

Day on Torts

Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. The trial court had based its decision to dismiss primarily on its finding that “the chain of events leading to Decedent’s death was unforeseeable.” In Thompson v. Southland Constructors , No.