Appellate Practice
“Excellent lawyer” —Appellate Litigation Client.
Daniel Horwitz represents appellate clients in appeals before the Tennessee Supreme Court, Tennessee Court of Appeals, Tennessee Court of Criminal Appeals, and in administrative appeals. He also represents clients in federal appellate cases, and is a member of the bar of the U.S. Court of Appeals for the Fifth, Sixth, Seventh and Eleventh Circuits. Selected appellate case history appears below.
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Selected Appellate Case History
1. Gluzman v. Tennessee Board of Law Examiners (won)—Tennessee Supreme Court
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
2. Wallace v. Metropolitan Government of Nashville and Davidson County, et al.—Tennessee Supreme Court (won)
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
3. Loftis v. Rayburn—Tennessee Court of Appeals (won)
Selected Case Documents:
–Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.
–Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn
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
4. Tennessean v. Metro (on behalf of Amici Curiae)—Tennessee Supreme Court (won)
Selected Case Documents:
–Brief of Amici Curiae Domestic and Sexual Violence Prevention Advocates
–Tennessee Supreme Court Opinion
–Tennessee Supreme Court Opinion—Dissent
5. George v. Hargett (on behalf of Amicus Curiae)—U.S. Court of Appeals for the Sixth Circuit (won)
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