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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 primafaciecase for actual malice,” the trial court dismissed the case. The TPPA, Tenn.
Second, if the court determines that the petitioning party has met such requirements of the statute, the court shall dismiss the legal action unless the responding party establishes a primafaciecase for each essential element of the claim in the legal action or if the petitioning party establishes a valid defense to the claims in the legal action.”
Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a primafaciecase of legal malpractice.” Note: Chapter 64, Section 5 of Day on Torts: Leading Cases in Tennessee Tort Law has been updated to include this decision.
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