Appellate Practice
Daniel Horwitz successfully represents appellate clients in appeals before the Tennessee Supreme Court, the Tennessee Court of Appeals, the U.S. Court of Appeals for the Sixth Circuit, the Tennessee Supreme Court Special Workers’ Compensation Appeals Panel, in administrative agency appeals to Davidson County Chancery Court, and in expungement appeals in Davidson County Criminal Court. Selected appellate case history appears below.
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Selected Appellate Case History
1. Recipient of Final Expunction Order in McNairy County Circuit Court Case No. 3279 v. David B. Rausch, Director of the Tennessee Bureau of Investigation—Tennessee Supreme Court (won reversal of adverse Chancery Court ruling)
Selected Case Documents:
*Tennessee Supreme Court’s Opinion
Selected Media Coverage:
-Supreme Court of Tennessee Blog: The Tennessee Bureau of Investigation Lacks Authority to Violate Court Orders, Rules Tennessee Supreme Court
2. Sullivan v. Benningfield—U.S. Court of Appeals for the Sixth Circuit (won reversal of District Court judgment)
Selected Case Documents:
*Final Order and Consent Decree
*Sixth Circuit Opinion Reversing District Court
–Plaintiff’s Amended Complaint for Injunctive and Declaratory Relief
–6th Circuit Brief of Plaintiffs-Appellants
–Plaintiffs’ Motion to Certify State Law Claims
–Plaintiffs’ Motion for Partial Summary Judgment
–Plaintiffs’ Motion for Estoppel Based on Defendant Benningfield’s Public Reprimand
–Defendants’ Response in Opposition to Partial Summary Judgment
–Plaintiffs’ Reply to Defendants’ Response in Opposition to Partial Summary Judgment
Selected Media Coverage:
-The Tennessean: Federal court order officially ends Tennessee ‘inmate sterilization’ program
-Vice: A Tennessee County Wanted to Sterilize Inmates for Shorter Sentences. That’s Over Now.
-Fox 17: Tennessee inmates win suit against judge who offered sentencing credits for sterilization
-IFL: Federal Court Ends Tennessee’s Controversial Inmate Sterilization Program
-News Channel 5: White County Inmate Sterilization Program terminated by federal ruling
-The Tennessean: Court revives lawsuit against judge who shortened jail time if inmates got ‘sterilized’
-The Washington Post: Tennessee judge reprimanded for offering reduced jail time in exchange for sterilization
-The Tennessean: 2nd lawsuit challenges Tennessee county’s inmate birth control practice
-WSMV Channel 4: Judge under scrutiny for offering reduced sentences for vasectomies, birth control implants
-BBC News: ‘We were guinea pigs’: Jailed inmates agreed to birth control
-ScotBlog: Lawsuit Seeks to End White County’s Ongoing Sterilization Program
3. Gluzman v. Tennessee Board of Law Examiners—Tennessee Supreme Court (won reversal of agency judgment)
Selected Case Documents:
–Brief of Amici Curiae The Beacon Center, Cato Institute, and Goldwater Institute
–Petition of Vanderbilt Law School and University of Tennessee College of Law
Selected Media Coverage:
-Nashville Post: Supreme Court rules Argentine can take Tennessee Bar
-Bloomberg: Argentine LL.M. With 3.9 GPA Wins Bid to Take Tenn. Bar Exam
-Nashville Post: Argentine lawyer challenging Tennessee Board of Law Examiners
-Above the Law: State Bars Foreign Student From Bar Exam — Next Stop, State Supreme Court
-Supreme Court of Tennessee Blog: The Tennessee Supreme Court Has Agreed to Hear a Laughably Egregious Case of Economic Protectionism
-ABA Journal: Vanderbilt law prof who taught Argentine LLM student backs his bid to take the bar exam
-The Tennessean: How Tennessee discriminated against a talented Vanderbilt law grad
-Cato At Liberty Blog: Even Lawyers Have the Right to Earn an Honest Living
-Beacon Center Blog: Banned From the Bar Exam
-Nashville Post: National conservative groups join local bar fight
-Nashville Post: Briefing complete in Argentine lawyer’s bar exam appeal
4. Wallace v. Metropolitan Government of Nashville and Davidson County, et al.—Tennessee Supreme Court (won reversal of Chancery Court judgment)
Selected Case Documents
*Tennessee Supreme Court’s Opinion and Order granting relief,
–Wallace Application for Extraordinary Jurisdiction
Selected Media Coverage
-The Tennessean: Tennessee Supreme Court moves up Nashville mayoral special election to May
-The Nashville Scene: Supreme Court: Mayoral Election Must Be Held in May
-The Nashville Post: Supreme Court moves mayoral election to May
-The Nashville Business Journal: Supreme Court strikes down August mayoral election date
-Nashville Business Journal: Tennessee Supreme Court to decide fate of Nashville mayoral election
-WPLN: Nashville Must Hold Next Mayor’s Election In May, Court Rules
-Nashville Post: Supreme Court will decide mayoral election date
-Nashville Scene: Metro Legal Could Cost the City Money for Another Election
5. Loftis v. Rayburn—Tennessee Court of Appeals (won affirmance of Circuit Court judgment)
Selected Case Documents:
–Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.
–Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn
–*Appellate Court Order Affirming Judgment and Remanding for Consideration of Attorney’s Fees Award
Selected Media Coverage:
-The Tennessean: Defamation lawsuit against restaurateur Randy Rayburn dismissed — again
-The Nashville Business Journal: Court of Appeals dismisses lawsuit against Nashville restaurateur
-TechDirt: Judge Dumps Stupid Libel Suit Featuring A Man Suing A Third Party For Things A Journalist Said
-Nashville Business Journal: Nashville restaurateur Randy Rayburn faces $1.5 million lawsuit
-TechDirt: Former University Official Files Libel Lawsuit Against His Replacement For Things A Journalist Said
-Nashville Business Journal: Judge dismisses $1.5M suit against well-known restaurateur
-First Amendment Center’s Newseum Institute: Unusual Defamation Suit Targets Source of Story
6. Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance, et al.—Tennessee Court of Appeals (won affirmance of Chancery Court judgment)
Selected Case Documents:
*Court of Appeals Opinion Affirming Judgment
*Chancery Court Memorandum and Order
*Second Chancery Court Order Granting Attorney’s Fees
*Chancery Court Order Awarding Attorney’s Fees
*Chancery Court Order Granting Motion for Upward Adjustment of Attorney’s Fees
–Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction
–September 26, 2018 Transcript of Proceedings
–Principal Brief of Appellants BECF and Davidson DA
–Brief of Appellee Tennesseans for Sensible Election Laws
–Reply Brief of Appellants BECF and Davidson DA
–Amicus Brief of the Beacon Center of Tennessee
–Brief of Amici Curiae Goldwater Institute and Liberty Justice Center
Selected Media Coverage:
-The Tennessean: Appeals court tosses Tennessee laws that created a donation blackout for nonpartisan PACs
-The Tennessean: Nashville judge rules against state in lawsuit over ‘blackout period’ for PACs
-Nashville Post: Court strikes down ‘blackout period’ campaign finance provision
-The Tennessean: Tennessee sued over PAC contributions ‘blackout period’ before elections
7. Mynatt v. National Treasury Employees Union, Chapter 39—Tennessee Court of Appeals (won reversal of Circuit Court judgment)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Reversing Judgment
–Principal Brief of Plaintiff-Appellant
–Brief of Defendants-Appellees
–Reply Brief of Plaintiff-Appellant
8. Adamson v. Grove, et al.—Tennessee Court of Appeals (won affirmance of Circuit Court judgment)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Judgment
–Brief of the State of Tennessee
9. Fraternal Order of Police v. Metropolitan Government & Community Oversight Now—Tennessee Court of Appeals (won affirmance of Circuit Court judgment)
Selected Case Documents:
*Court of Appeals Memorandum Opinion Affirming Judgment
–Community Oversight Now Court of Appeals Brief
*Tennessee Supreme Court Order Denying FOP’s Rule 10 Application
–Community Oversight Now Rule 10 Response
*Tennessee Supreme Court Order Denying Appeal
Selected Media Coverage:
-The Tennessean: Community oversight board belonged on the Nashville ballot, appeals court says; vote stands
-The Nashville Scene: Nashville Police Union Loses (Again) in Legal Fight Against Community Oversight
-The Nashville Scene: Community Oversight Won Big Despite the Campaign to Defeat It
-The Tennessean: Tennessee Supreme Court won’t touch suit challenging community oversight board
10. Deja Vu of Nashville, et al. v. Metropolitan Government, et al.—U.S. Court of Appeals for the Sixth Circuit (won affirmance of District Court judgment)
Selected Case Documents:
*Sixth Circuit Opinion Affirming Dismissal of Plaintiffs’ Complaint
*Memorandum Opinion and Order Dismissing Complaint With Prejudice
–Schipani Memorandum in Support of Her Motion to Dismiss
–Deja Vu’s Response to Schipani’s Motion to Dismiss
–Schipani Motion to Stay Proceedings
–Order Granting Schipani’s Motion to Stay
Selected Media Coverage:
–Nashville Business Journal: Judge sides with Metro officials, property owner in strip-club legal battle
–Patch: Nashville Strip Club Sues City Claiming ‘Conspiracy’
–Nashville Business Journal: Nashville strip club takes aim at Metro officials, local business owners in newly filed suit
–Nashville Business Journal: Metro fights back in strip-club legal battle
11. Nandigam Neurology, PLC v. Kelly Beavers, et al.—Tennessee Court of Appeals/Wilson County Circuit Court/Wilson County General Sessions Court (won affirmance of General Sessions Court judgment)
Selected Case Documents:
–*Tennessee Court of Appeals Opinion Affirming Judgment
-Post-remand $25,000 and $50,000 fee and sanctions awards.
-*Order Granting TPPA Petition
–*Order Amending Judgment and Dismissing Complaint With Prejudice
–Second Memorandum of Law in Support of Motion to Dismiss and TPPA Petition
–Third Memorandum of Law in Support of Motion to Dismiss and TPPA Petition
–Memorandum of Law in Support of Motion to Dismiss and TPPA Petition
Selected Media Coverage:
-News Channel 5: Tennessee Court of Appeals upholds decision to dismiss Yelp review lawsuit
-News Channel 5: $25K lawsuit over bad Yelp review dismissed
-TechDirt: Anti-SLAPP Laws Work: Tennessee Doctor Suing Patient Over Negative Review Drops Lawsuit
-News Channel 5: Woman faces $25K lawsuit over Yelp review about Middle Tennessee doctor
12. JF v. State of Tennessee—Davidson County Criminal Court (won reversal of General Sessions Court judgment)
Selected Case Documents:
–*Memorandum and Order Granting Expungement
13. Jeffrey Hughes v. Tennessee Board of Parole—Davidson County Chancery Court (won appeal of illegal administrative action)
Selected Case Documents:
*Petition for Writ of Certiorari
–Brief of Tennessee Board of Parole
–*Memorandum and Order Granting Petition for Writ of Certiorari
Selected Media Coverage:
-The Tennessean: Gov. Lee backed a new law changing early release from prison. A new lawsuit says Tennessee’s parole board is resisting
-The Tennessean: Tennessee parole board must set a timely release hearing under new ‘good cause’ law, Nashville judge rules
-The Daily Memphian: TN Board of Parole ordered to follow reentry law signed by Lee
-The Daily Memphian: Parole hearing signals likely end to case against board
14. Metropolitan Government of Nashville and Davidson County v. Davison County Election Commission (on behalf of Amicus Curiae)—Tennessee Court of Appeals (successfully supported affirmance of Chancery Court Judgment)
Selected Case Documents:
–Brief of Amicus Curiae the Nashville Area Chamber of Commerce (asserting a petition defect)
–Brief of Amicus Curiae Save Nashville Now (asserting mootness)
Selected Media Coverage:
-The Tennessean: State appeals court rules against election commission in referendum case, legal costs top $720K
-The Nashville Post: Appeals court strikes another blow to anti-tax effort
15. Tennessean v. Metro (on behalf of Amici Curiae)—Tennessee Supreme Court (successfully supported affirmance of Court of Appeals judgment)
Selected Case Documents:
–Brief of Amici Curiae Domestic and Sexual Violence Prevention Advocates
–Tennessee Supreme Court Opinion
–Tennessee Supreme Court Opinion—Dissent
16. George v. Hargett (on behalf of Amicus Curiae)—U.S. Court of Appeals for the Sixth Circuit (successfully supported reversal of District Court judgment)
Selected Case Documents:
–Brief of the “Yes On 1” Campaign as Amicus Curiae
*Sixth Circuit Opinion Reversing District Court
–Plaintiffs’ Petition for Rehearing En Banc
–Sixth Circuit Order Denying En Banc Review
Selected Media Coverage:
-The Tennessean: Appeals court won’t reconsider Tennessee abortion measure decision
-Patch: Federal Court Denies Challenge To Tennessee Abortion Amendment
-The Tennessean: Fate of Tennessee abortion measure Amendment 1 now up to appeals court
-Pro Life News: Tennessee: Pro-Life Win as Judge Says State Counted Votes Correctly on Amendment 1
-The Tennessean: Amendment 1 plaintiffs on shaky legal ground
-News Channel 5: Vote Counting For Tennessee Abortion Measure Argued In Federal Court
-Yes on 1: Yes on 1 Files State Court Motion on Behalf of Disenfranchised Voters
17. Lynne S. Cherry, et al. v. Del Frisco’s Grille of Tennessee, LLC, et al. (on behalf of restrained non-party)—Tennessee Court of Appeals (won)
Selected Case Documents:
–*Order of the Tennessee Court of Appeals
–Petition for Writ of Certiorari
Selected Media Coverage:
18. Amy Frogge, et al. v. Shawn Joseph and Metro Nashville Board of Public Education—Tennessee Court of Appeals/Davidson County Chancery Court (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Summary Judgment and Awarding Appellate Fees
*Concurring Opinion Affirming Judgment
*Order Granting Summary Judgment and Denying Defendants’ Motions to Dismiss
*Order Granting $58,543.52 Attorney’s Fee Award
–Principal Brief of Plaintiffs-Appellees
–Reply Brief of Plaintiffs-Appellees
–Plaintiffs’ Memorandum in Support of Motion for Summary Judgment
–Metro Response/Joseph Response In Opposition to Summary Judgment
Selected Media Coverage:
-The Tennessean: Tenn. appeals court finds part of MNPS director Joseph’s severance deal unconstitutional
-Channel 5: Court invalidates censorship clause in MNPS former director Shawn Joseph’s termination contract
-Main Street Nashville: Court rules non-disparagement clause in termination contract was unconstitutional
-TCOG: Non-disparagement clause violates free-speech rights of Nashville school board members, court says
-The Tennessean: Judge finds part of MNPS director Shawn Joseph’s severance agreement ‘unconstitutional’
-Fox 17: Court order finds clause in ex-MNPS director’s contract is unconstitutional, unenforceable
-Channel 4: Judge rules censorship clause in former Director of School’s severance agreement unconstitutional
19. Mynatt v. United States—U.S. Court of Appeals for the Sixth Circuit (won)
Selected Case Documents:
*Sixth Circuit Opinion Reversing Judgment
–Principal Brief of Plaintiff-Appellant
–Reply Brief of Plaintiff-Appellant
Selected Media Coverage:
-Bloomberg News: IRS Worker Gets Retaliation Claim Against Feds Revived on Appeal
20. Gilliam v. Gerregano—Three-Judge Chancery Panel/Tennessee Court of Appeals (won in Court of Appeals; remand pending)
Selected Case Documents:
*Opinion of Tennessee Court of Appeals Reversing Judgment
Selected Media Coverage:
-Reason/The Volokh Conspiracy: Personalized License Plates (e.g., 69PWNDU) Are Private Speech
-Fox 17: Nashville woman sues state officials over license plate deemed ‘offensive’ 10 years later
-News Channel 5: Car owner sues over state banning ‘offensive’ license plate
-Fox: Tennessee woman sues after state officials deem vanity license plate ‘offensive’
-Chattanooga Times Free Press: Tennessee gamer hopes to ‘pwn’ state in lawsuit over ‘offensive’ license plate
21. Lehmann v. Wilson—Tennessee Court of Appeals (won reversal of contempt convictions in Tennessee Court of Appeals)
Selected Case Documents:
*Opinion of Tennessee Court of Appeals Reversing Convictions
–Principal Brief of Defendant-Appellant
–Reply Brief of Defendant-Appellant
22. Small, et al. v. Law, et al.—Lincoln County Circuit Court Case No. 23-CV-132/Tennessee Court of Appeals Case (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Judgment and Awarding Appellate Attorney’s Fees
–Defendants’ Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-Elk Valley Times: SLAPP suit filed by 3 aldermen is dismissed with prejudice
-Elk Valley Times: Anti-SLAPP suits ‘even the playing field between public, powerful’
-Elk Valley Times: 3 city aldermen file lawsuit against 2 residents
23. Patrick Malone v. James William Rose, Case No. M2023-01453-COA-WR-CV—Tennessee Court of Appeals (won)
Selected Case Documents:
-*Opinion of the Tennessee Court of Appeals Vacating Prior Restraint
–Brief in Support of Certiorari
24. Stokes v. State—Tennessee Court of Criminal Appeals (won reversal of dismissal of coram nobis petition)
Selected Case Documents:
*Opinion of the Tennessee Court of Criminal Appeals Reversing Dismissal
–Principal Brief of Defendant-Appellant
–Reply Brief of Defendant-Appellant
25. Patrick Malone v. James William Rose, Case No. M2022-01261-COA-R3-CV—Tennessee Court of Appeals (won)
Selected Case Documents:
*Opinion of the Tennessee Court of Appeals Reversing Denial of Bail