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

Day on Torts

Defendant filed a petition for dismissal pursuant to the TPPA, and after finding that the TPPA applied, that plaintiff was a limited-purpose public figure in the context of this action, and that plaintiff “had not established a prima facie case for actual malice,” the trial court dismissed the case. The TPPA, Tenn.

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Legal Malpractice Claim Filed More than One Year after BPR Complaint was Untimely.

Day on Torts

Where plaintiff had filed complaints with the Board of Professional Responsibility (BPR) complaining of the same allegations that allegedly supported her legal malpractice claim, and those BPR complaints were filed more than one year before the legal malpractice suit was filed, summary judgment based on the statute of limitations was affirmed.

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

Day on Torts

This two step analysis was not followed by the trial court in this case. months after oral arguments in this case. Note: Chapter 28, Section 14 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision. quoting Tenn. Code Ann. § internal citation and quotations omitted).