Day on Torts
OCTOBER 3, 2022
Where plaintiff real estate professional brought an action for defamation and false light based on an online review written by defendant, defendant moved to dismiss the action pursuant to the Tennessee Public Participation Act (TPPA). In Charles v. McQueen , No. M2021-00878-COA-R3-CV, 2022 WL 4490980 (Tenn. The TPPA, Tenn. Code Ann. §
Day on Torts
NOVEMBER 15, 2022
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. In Reiss v. Rock Creek Construction, Inc. , quoting Tenn. Code Ann. §
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Day on Torts
JUNE 30, 2021
When defendant filed a petition to dismiss a defamation case under the Tennessee Public Participation Act (TPPA), and plaintiff failed to respond by “establish[ing] a prima facie case for each essential element of the claim in the legal action,” dismissal was affirmed.
Day on Torts
AUGUST 26, 2024
While a plaintiff faced with a TPPA petition to dismiss could not make out a prima facie case for his false light invasion of privacy or intentional infliction of emotional distress claims, his defamation claim related to an allegedly false Title IX rape complaint was allowed to proceed. M2023-00045-COA-R3-CV (Tenn.
Day on Torts
JANUARY 11, 2022
Defendant filed a motion to dismiss, asserting that the BPR decisions on the matter “were res judicata and Plaintiff had failed to establish a prima facie case 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.
Day on Torts
FEBRUARY 14, 2025
While the TPPA did apply to the case, the plaintiff employee met his burden of showing a prima facie case of defamation and the related torts alleged. In Garner v. Southern Baptist Convention , No. E2024-00100-COA-R3-CV (Tenn.
Day on Torts
NOVEMBER 30, 2020
In Tennessee, “the employee of an independent contractor enjoys the status of an invitee while performing work on the premises of the owner-contractee.” Focus Designs filed a motion to dismiss, which the trial court granted, finding that plaintiffs had not shown that the injury was foreseeable. On appeal, the dismissal was reversed.
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