The Law Office of Daniel A. Horwitz, Esq.

June 16, 2020

Horwitz Wins Grant of Second-Ever Anti-SLAPP Petition Under the Tennessee Public Participation Act, Secures $26,500.00 Attorney’s Fees and Sanctions Award

The second-ever anti-SLAPP petition filed under the Tennessee Public Participation Act (TPPA)—Tennessee’s new anti-SLAPP statute—has officially been granted, accompanied by the largest fee-shifting award ($26,500.00) ever awarded in a defamation case filed in Tennessee.  The final order—granted by Davidson County Circuit Court Judge Joe P. Binkley—comes on the heels of a February 2020 ruling by Wilson County General Sessions Judge Barry Tatum granting the first-ever petition to dismiss a plaintiff’s claims under the TPPA.

The ruling comes after a bizarre set of circumstances in which a Nashville man, Carl Vonhartman, sued a woman, Kortni Butterton, who had rejected him on a dating app after she called 911, sought an order of protection against him, and testified at the order of protection hearing.  In response to the lawsuit, the woman filed a 361-page, 18-exhibit TPPA Petition to Dismiss all of Mr. Vonhartman’s claims and sought an award of attorney’s fees and sanctions regarding them.  In advance of the scheduled hearing on the petition, Mr. Vonhartman stipulated “that his Complaint failed to state any cognizable claim for relief against the Defendant,” that Ms. Butterton’s TPPA petition should be granted, and that “judgment shall be entered in favor of the Defendant against the Plaintiff in the amount of twenty-six thousand and five hundred dollars ($26,500.00)—inclusive of all available claims for attorney’s fees, discretionary costs, and sanctions—pursuant to Tennessee Code Annotated § 20-17-107(a), Tennessee Code Annotated § 20- 12-119(c), and Tennessee Code Annotated § 4-21-1003(c).”  A formal notice that the $26,500.00 judgment had been paid and received in full was filed with the court by Daniel A. Horwitz, Ms. Butterton’s attorney, yesterday afternoon.

“Ms. Butterton is pleased to have prevailed spectacularly against this shameful SLAPP-suit and to receive an unprecedented $26,500.00 in attorney’s fees and sanctions from the man who unsuccessfully sued her,” said Horwitz.  “Tennessee’s new anti-SLAPP statute makes bogus lawsuits like this one extremely costly for those who seek to intimidate others through the legal process, so let this outcome serve as a stark warning to anyone else who is thinking about making the same mistake.”

“This case should also send a clear message to anyone who believes they are in danger,” Horwitz added.  “If you believe someone is going to hurt you, do not be afraid to seek help, and do not let fear of a bogus lawsuit deter you from protecting yourself.  Anyone can file a frivolous lawsuit, but in the event that that happens, rest assured that the law will protect you.”

Selected case documents and media coverage of the case appear below.

Selected Case Documents:

Plaintiff’s Complaint

Defendant’s Motion and TPPA Petition to Dismiss and Exhibits A–R

Final Order and Entry of Judgment for Attorney’s Fees, Costs, and Sanctions

Notice of Satisfaction of Judgment

Selected Media Coverage:

-WSMV: Court orders payment in dating app case

-WSMV: Lawsuit filed against woman who requested order of protection

-TechDirt: Anti-SLAPP Law Turns Bogus Defamation Lawsuit Into A $26,500 Legal Bill For The Plaintiff

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