Where plaintiff did not have evidence that an ethics complaint filed with the real estate commission by defendant was decided on the merits and due to plaintiff’s innocence, plaintiff’s malicious prosecution claim should have been dismissed pursuant to defendant’s TPPA petition. In Gersper v. Turner, No. M2022-01136-COA-R3-CV (Tenn. Ct. App.…
TPPA dismissal of a defamation claim related to news stories about an orthodontic business was recently affirmed. In SmileDirectClub, Inc. v. NBCUniversal Media, LLC, No. M2021-01491-COA-R3-CV (Tenn. Ct. App. Sept. 19, 2024), plaintiff teledentistry business offered teeth straightening services. The business model operated on minimal dentist/orthodontist involvement, and therefore cost…
Plaintiff’s role as the Director of Safety and Security at a private college did not make him a public official or public figure for purposes of the Tennessee Public Protection Act (TPPA). In McMurtrie v. Sarfo, No. E2023-01825-COA-R3-CV (Tenn. Ct. App. Sept. 12, 2024), plaintiff was employed as the Director…
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. In Doe…
A claim that asserted defendant attorneys acted in their own self-interest when they represented another party in multiple lawsuits against plaintiffs fell within the ambit of the Tennessee Public Protection Act. In Garner v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, No. W2022-01636-COA-R3-CV (Tenn. Ct. App. Apr. 15, 2024), plaintiffs…