Selected Case History
Horwitz’s attorney bio is available here, and selected case history appears below.
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)
Selected Case Documents:
*Tennessee Supreme Court’s Opinion
*Post-Remand Order Granting Summary Judgment and Finding TBI Director In Contempt
*Post-Remand Order Awarding Plaintiff $152,000.00 in Attorney’s Fees and Costs
Selected Media Coverage:
-The Tennessean: TBI violated court order by refusing to expunge records, Tennessee Supreme Court found
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. Gluzman v. Tennessee Board of Law Examiners—Tennessee Supreme Court (won)
Selected Case Documents:
-*Tennessee Supreme Court’s Order Granting Writ
–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: Supreme Court amends bar eligibility rules
-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
-Nashville Post: Argentine passes Tennessee bar exam
-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. Tennesseans for Sensible Election Laws v. Tennessee Bureau of Ethics and Campaign Finance, Registry of Election Finance, et al.—Davidson County Chancery Court/Tennessee Court of Appeals (won)
Selected Case Documents:
*Court of Appeals Opinion Affirming Judgment
*Memorandum Opinion and Order on Petition for Contempt
*Post-Remand Memorandum and Order On Sovereign Immunity
*Post-Remand Order Denying Government’s Motion for Relief from Judgment
*Post-Remand Order Awarding Attorney’s Fees for Contempt
*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
–Notice of Satisfaction of Judgment
Selected Media Coverage:
-The Tennessean: Appeals court tosses Tennessee laws that created a donation blackout for nonpartisan PACs
-The Tennessean: Tennessee election registry in contempt of court, ordered to pay back thousands in fees
-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
5. Nandigam Neurology, PLC v. Kelly Beavers, et al.—Tennessee Court of Appeals/Wilson County Circuit Court/Wilson County General Sessions Court (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Judgment
*Order Amending Judgment and Dismissing Complaint With Prejudice
–Brief of Defendant-Appellee Kelly Beavers
–Brief of Appellants Nandigam Neurology and Kaveer Nandigam
–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: $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
6. Loftis v. Rayburn—Davidson County Circuit Court/Tennessee Court of Appeals (won)
Selected Case Documents:
–*Circuit Court’s Order Dismissing Plaintiff’s Complaint With Prejudice
–*Circuit Court’s Order Awarding $10,000.00 in Attorney’s Fees
–Plaintiff’s First Amended Complaint
–Defendant’s Motion to Dismiss First Amended Complaint
–Plaintiff’s Response to Motion to Dismiss (1)/Plaintiff’s Response to Motion to Dismiss (2)
–Defendant’s Reply to Plaintiff’s Response
–Transcript of Hearing on Defendant’s Motion to Dismiss
–Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.
–Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn
Selected Media Coverage:
-The Tennessean: The Tennessean: Judge awards Randy Rayburn $10,000 after ‘far-fetched’ defamation suit was dismissed
-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
7. Sullivan v. Benningfield—U.S. District Court for the Middle District of Tennessee/U.S. Court of Appeals for the Sixth Circuit (won)
Selected Case Documents:
*Final Order and Consent Decree
*Sixth Circuit Opinion Reversing District Court
–Order Rescinding Inmate Sterilization Program
–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
8. Deja Vu of Nashville, et al. v. Metropolitan Government, et al.—U.S. Court of Appeals for the Sixth Circuit/U.S. District Court for the Middle District of Tennessee (won)
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
9. 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)
–Chancery Court Brief of Amici Curiae
Selected Media Coverage:
-The Tennessean: Anti-tax hike referendum legal battle over: Tennessee Supreme Court declines appeal
-Axios: Supreme Court won’t hear appeal over Metro referendum
-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
-The Tennessee Outlook: Nashville judge strikes down anti-tax referendum
-The Tennessean: Judge rules anti-property tax referendum invalid, cancels July 27 election in win for Nashville leaders
10. Fraternal Order of Police v. Metropolitan Government & Community Oversight Now—Tennessee Court of Appeals (won)
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
11. Project Belle, LLC v. Tennessee Board of Cosmetology and Barber Examiners—Tennessee Board of Cosmetology and Barber Examiners (won)
Selected Case Documents:
*Board’s Order Dismissing Complaint
–Board Complaint and Demand to Cease and Desist
–Respondent’s Response Letter Denying Liability and Refusing Consent Order
Selected Media Coverage:
-Forbes: Tennessee Regulators Drop Complaint, Won’t Block Beauty App From Operating
-Forbes: Tennessee Wants To Shut Down This Beauty And Health App For Offering ‘Highly Disturbing’ Competition
-Reason Tennessee Decides It’s Not Actually Dangerous for a Cosmetologist to Do House Calls
-Nashville Business Journal: Regulators withdraw complaint against Nashville-based startups
-Reason: Tennessee Cosmetology Board Admits it Doesn’t Have Authority To Regulate Tech Companies
-Daily Signal: How This Nashville Tech Company Challenged a State Regulatory Board and Won
-The Federalist Society: Regulatory Hurdles for Entrepreneurs: The Story of Project Belle
12. Calvin Eugene Bryant, Jr. v. State of Tennessee—Davidson County Criminal Court (won)
Selected Case Documents:
–Calvin Bryant Clemency Petition
–Calvin Bryant Verified Petition for Sentencing Relief
–Petitioner’s Supplemental Memorandum in Support of Jurisdiction
–Record Designations and Issues to Be Presented on Appeal
–Calvin Bryant Principal Brief
Selected Media Coverage:
–The Tennessean: Sentenced to 17 years for low-level drug charge, Nashville man gets freedom thanks to deal with prosecutors
–Patch: Nashville Case Highlights Drug-Free School Zone Reform Efforts
–Reason: How a Drug-Free School Zone Sent a Tennessee College Student to Prison For 17 Years
–Reason: Calvin Bryant Was Serving a Draconian Mandatory Minimum Sentence. Now He’s Free
–Nashville Scene: Council Members Petition Judge Over Drug-Free School Zone Case
–The Tennessean: He got 17 years for selling drugs near school. Now 12 Nashville officials are fighting on his behalf
–ScotBlog: Eighth Amendment Challenge Filed Against Tennessee’s “Drug Free School Zone” Law
–Families Against Mandatory Minimums: Calvin Bryant: 17 Years for a First Offense
13. Estate of Jocques Scott Clemmons v. Metropolitan Government and Danny Satterfield—U.S. District Court for the Middle District of Tennessee (won)
Selected Case Documents:
–Clemmons Complaint & Exhibits (MNPD Social Media Warrants)
Selected Media Coverage:
-Patch: After A Year, Nashville Police Return Jocques Clemmons’ Phone
-The Tennessean: More than a year after Jocques Clemmons died, police returned his phone to family
-News Channel 5: Metro Police Return Clemmons’ Cell Phone After Lawsuit Is Filed
-The Tennessean: A year after Jocques Clemmons’ death, police still have his phone. His family wants it back.
-The Nashville Scene: It’s Been One Year Since the Jocques Clemmons Shooting
14. R.U. v. State of Tennessee—Davidson County General Sessions Court (won)
Selected Case Documents:
*Trial Court’s Order Granting Writ of Audita Querela
–Petition for Writ of Audita Querela (Redacted)
Selected Media Coverage:
-Slate: An Attorney and a DA Are Seeking Justice for Tennesseans Convicted of “Homosexual Acts”
-NPR: How Nashville Man Cleared Of ‘Homosexual Acts’ Conviction Paves The Way
15. 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
16. Owens v. Metropolitan Nashville Police Department—Davidson County Chancery Court (won)
Selected Case Documents:
*Order Granting Declaratory Judgment to Plaintiff
–Plaintiff’s Application for Temporary Injunction
Selected Media Coverage:
-Patch: Obscenity Charges Dropped In Nashville Stick Figure Sex Case
-Faultlines: Nashville Cops Hate Stick Figure Sex (and the First Amendment)
-Heat Street: Tennessee Cops Back Down on Fine For ‘Obscene’ Bumper Sticker of Stick Figures
-TechDirt: Driver Sues State After Receiving Ticket For ‘Obscene’ Stick Figure Vehicle Decal
17. The Dog Spot v. Byer et al.—Davidson County Circuit Court (won)
Selected Case Documents:
-*Order Dismissing Lawsuit With Prejudice
–Defendant Hardin Motion to Transfer & Exhibits
–Defendant Hardin’s Memorandum in Support of Motion to Dismiss
Selected Media Coverage:
–News Channel 5: Libel Lawsuit Dropped By Doggie Daycare
-The Nashville Scene: The Dog Spot Sues Two East Nashville Facebook Group Members for Libel
-The Tennessean: The Dog Spot East Nashville files $2 million libel lawsuit against Facebook commenters
-Nashville Business Journal: Nashville pet store files $2M suit over Facebook comments
-Channel 4 News: Owners of The Dog Spot file lawsuit over Facebook posts
-News Channel 5: Libel Suit From Doggie Day Care Hopes To Fetch $2 Million
18. Joshua “JT” Conway v. Kumari Fulbright et al.—Davidson County Circuit Court (won)
Selected Case Documents:
*Final Order Granting Injunctive and Declaratory Relief
–Plaintiff’s Memorandum in Support of His Motion for Summary Injunctive Relief
–Plaintiff’s Motion for Sanctions Concerning Withheld Police Report
–Fulbright Deposition As Filed
Selected Media Coverage:
-Fox 17: Boyfriend Speaks Out After He Was Kidnapped by Beauty Queen and Accused Drug Dealer
-Courthouse News: Beauty Queen Accused of Defaming Victim on TV
-Supreme Court of Tennessee Blog: Nashville School of Law Graduate JT Conway Wins Libel Lawsuit Against Convicted Felon, Ex-Beauty Queen Kumari Fulbright
19. 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
Selected Media Coverage:
-The Tennessean: Tennessee Supreme Court denies records in Vanderbilt rape case
20. Shaundelle Brooks/Abede DaSilva v. Jeffrey Reinking and Travis Reinking—Davidson County Circuit Court/U.S. District Court for the Middle District of Tennessee (won)
Selected Case Documents:
–Amended Complaint of Shaundelle Brooks, individually, and next-of-kin to Akilah DaSilva
–Abede DaSilva’s Memorandum in Support of Partial Summary Judgment
–Plaintiff’s Statement of Undisputed Material Facts
–Jeffrey Reinking’s Responses to Plaintiff’s First Set of Interrogatories
*Agreed Order of Settlement and Compromise
*Settlement Order/Stipulation of Dismissal
Selected Media Coverage:
-The Tennessean: Jury awards over $200 million to mother of Waffle House shooting victim
-WSMV: Jury awards Waffle House victim’s mom more than $200M in damages
-The Tennessean: Victim’s family reaches settlement in suit against Waffle House shooting suspect’s father
-News Channel 5: Lawsuits involving Waffle House shooter’s father settled
-WSMV: Family of Waffle House shooting victim reaches settlement, dismisses two lawsuits
-The Tennessean: Waffle House shooting victim’s mom files $100M wrongful death suit against Reinkings
-WKRN: Waffle House lawsuit resolved
-The Tennessean: Waffle House shooting suspect Travis Reinking liable in wrongful death suit, judge says
-The Tennessean: Father of Waffle House shooting suspect Travis Reinking charged with gun crime
-The Tennessean: Waffle House shooting witness who watched brother die sues suspect’s father
-WKRN Channel 2: What do the indictments mean for lawsuits filed against Reinking, dad?
21. Brittany S. Stevens v. Tony Sees and John Does—Davidson County Circuit Court (won)
Selected Case Documents:
–Memorandum of Law in Support of Motion to Dismiss and TPPA Petition
Selected Media Coverage:
-The Murfreesboro Post: Court motion asks to drop defamation suit by Stevens
-The Murfreesboro Post: Stevens family, campaign finance complainant agree to drop cases
-The Daily News Journal: Smyrna Town Court Clerk Brittany Stevens files lawsuit over Nashville man’s ethics complaint
-The Daily News Journal: Defendant seeks dismissal of Smyrna Town Court Clerk Brittany Stevens’ defamation lawsuit
-The Daily News Journal: Smyrna Town Court Clerk Brittany Stevens settles defamation lawsuit
22. Dan Nicolau v. CCHR of Nashville, et al.—Washington County Chancery Court (won)
Selected Case Documents:
–*Memorandum and Order Dismissing Plaintiff’s Amended Complaint
–Defendants’ Memorandum in Support of Motion to Dismiss
–Defendant CCHR’s Special Motion to Strike
23. JF v. State of Tennessee—Davidson County Criminal Court (won)
Selected Case Documents:
–*Memorandum and Order Granting Expungement
24. Shaundelle Brooks, as next-of-kin to Akilah DaSilva v. Metropolitan Government of Nashville and Davidson County (won)
Selected Case Documents:
–Plaintiff’s First Amended Complaint
–Metro Council Settlement Resolution
–Order Denying Motion to Dismiss Plaintiff’s Complaint
–Order Denying Motion for Protective Order and to Quash Subpoena
–Deposition of Michelle Donegan
Selected Media Coverage:
-The Tennessean: How should Nashville improve its 911 response? What the mother of one Waffle House victim says must happen
-WSMV: Metro Council approves settlement to family of Waffle House shooting victim
-The Tennessean: On eve of Waffle House shooting anniversary, Metro Council approves $35,000 settlement to family of victim
-Fox 17: Emergency Communications Center decries release of errors after Waffle House shooting
-WTVF: Metro City Council votes to settle Waffle House shooting lawsuit
-Fox 17: Two years after Waffle House shooting
-The Tennessean: Emergency dispatchers’ ‘catastrophic errors’ contributed to Waffle House shooting victim’s death, suit says
-WKRN: Metro 911 Director retires one week after Waffle House lawsuit blames slow response for death
-Fox 17: Waffle House shooting lawsuit: Dispatchers sent emergency responders to wrong Waffle House
-WKRN: Metro says it cannot be sued for 911 operators’ mistakes during Waffle House shooting
-WPLN: Nashville Moves To Settle Lawsuit With Family Of Man Killed In Waffle House Attack
-The Tennessean: Metro Council urges city’s legal team to settle Waffle House shooting lawsuit
-WKRN: Nashville Metro Council votes on Waffle House shooting lawsuit
-WTVF: Judge rules that Metro could be found liable in deadly Waffle House shooting
-Fox 17: Judge: Nashville can be held responsible for dispatcher error during Waffle House shooting
25. Halliburton v. Reynolds—U.S. District Court for the Middle District of Tennessee (won)
Selected Case Documents:
*Final Order Granting $1 Million Judgment
–Transcript of Plea Hearing, Davidson County Criminal Court
–Transcript of Sentencing Hearing, Davidson County Criminal Court
Selected Media Coverage:
-The Tennessean: Ex-NYPD cop who terrorized Nashville residents during break-in must pay $1M, judge rules
-WKRN: Ex-NYPD officer ordered to pay $1M after breaking into 12South home, using racial slurs
-New York Times: Officer Who Admitted Making Racist Threat Quits After an Uproar
-New York Post: White NYPD cop who broke into black woman’s home, hurled racist slurs ordered to pay $1M
-Fox 17: Judge approves $1M judgment against ex-NYPD officer who broke into Nashville woman’s home
-New York Daily News: Disgraced ex-NYPD cop who forced his way into woman’s Nashville home must pay her $1 million
-Insurance Journal: Former NYPD Officer Ordered to Pay $1M Over Tennessee Break-In
-ABC: Woman files $5 million suit against officer who broke into her home, yelled racial slurs
-The Tennessean: Airbnb terror ends in jail time for drunk NYPD cop who broke into Nashville home, threatened residents
-New York Post: Racist ex-NYPD cop who broke into stranger’s Nashville home files for bankruptcy
-WSMV: NYPD officer arrested for assaulting Nashville family while he was on vacation resigns
-The Tennessean: Woman files $5M lawsuit against ex-NYPD cop who broke into her Nashville home and threatened her
-New York Post: Activists want NYPD cop Michael Reynolds fired for racist tirade in Nashville
-US News and World Report: NYPD Officer Accused of Home Break-In, Attack Enters Plea
-NBC News: A white NYPD officer broke into a black woman’s home and threatened her. Activists want him fired.
-Reason: New York Cop Finally Quits—More Than a Year After He Broke Into a Woman’s Home and Threatened Her
-The Grio: White NYPD officer, who spewed racist threats to a Black woman after breaking into her home, resigns
-The Tennessean: NYPD cop takes a plea deal after breaking into a Nashville house next to his Airbnb
-WTVF: Attorney: Resignation of NYPD cop in Nashville racist attack long overdue
26. Tennesseans for Sensible Election Laws v. Herbert Slatery, et al.—Davidson County Chancery Court (won in trial court)
Selected Case Documents:
*Order Granting Plaintiff’s Motion for Summary Judgment
*MEMORANDUM AND FINAL ORDER AWARDING PLAINTIFF RECOVERY OF $69,882.37 IN ATTORNEYS’ FEES AND EXPENSES
–Defendants’ Motion to Dismiss
–Plaintiff’s Response in Opposition to Motion to Dismiss
–Defendants’ Reply to Response to Motion to Dismiss
–Transcript of Hearing on Motion to Dismiss
–Order Denying Defendants’ Motion to Dismiss
–Defendants’ Response in Opposition to Summary Judgment
–Plaintiff’s Reply to Defendants’ Response to Plaintiff’s Motion for Summary Judgment
Selected Media Coverage:
-The Tennessean: Group that wanted to call state lawmaker ‘literally Hitler’ in campaign mailer wins First Amendment case
-Reason: ‘Literally Hitler’ Election Mailer Is Protected by the First Amendment
-TechDirt: Tennessee Court Strikes Down Law Criminalizing Calling Political Candidates ‘Literally Hitler’
-Tennessee Star: Law Criminalizing Use of False Language in Campaign Literature Ruled Unconstitutional by Davidson County Judge
-The Free Speech Center: Judge: Tennessee law prohibiting false campaign literature violates First Amendment
-The Fulcrum: Judge voids Tennessee law against false (‘literally Hitler’) claims about candidates
-AP: Lawsuit Challenges Tennessee False Campaign Literature Law
27. Vonhartman v. Butterton—Davidson County Circuit Court (won)
Selected Case Documents:
–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
28. Amy Frogge, et al. v. Shawn Joseph and Metro Nashville Board of Public Education—Davidson County Chancery Court (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Affirming Summary Judgment and Awarding Appellate Fees
*Concurring Opinion Affirming Judgment
*Post-Remand Order Granting $110,000.00 Attorney’s Fee Award
*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
29. State of Tennessee v. Joseph D. Webster—Davidson County Criminal Court (won)
Selected Case Documents:
*Order Granting Petition for Writ of Error Coram Nobis Vacating Conviction
–District Attorney’s Notice of Intent to Vacate
Selected Media Coverage:
-USA Today: ‘Oh, it’s been so long’: Mother collapses with joy after wrongfully convicted son freed
-The Tennessean: Judge overturns murder conviction of Nashville man serving life in prison in 1998 case
-The Tennessean: Nashville DA’s office moves to overturn conviction of man serving life for 1998 murder
-New York Times: Imprisoned Nearly 15 Years, but Now Cleared of a Murder He Didn’t Commit
-NBC: Tennessee man freed after nearly 15 years in prison for wrongful murder conviction
-CNN: Tennessee man exonerated after serving 15 years for a murder he didn’t commit
-The Tennessean: Nashville judge hears arguments for dropping charges against Joseph Webster
-The Tennessean: ‘The conviction is wrongful’: Attorney discusses Nashville man’s life sentence case
-The Nashville Scene: DA’s Office Seeks Release for Nashville Man Convicted of 1998 Murder
-NPR-WPLN: Nashville District Attorney Agrees To Review Conviction In 1998 Murder Case
-NPR-WPLN: Investigation: After Pledging To Examine Innocence Claims, Nashville DA Has Yet To Open A Case
–New York Post: Tennessee man walks free after 1998 murder conviction is overturned
-People: Tennessee Man, 41, Exonerated After Judge Overturns 1998 Murder Conviction
-Channel 5: Joseph Webster adjusting to freedom after judge dismisses murder conviction
-Channel 4: Joseph Webster reunites with family after judge vacates murder conviction 14 years into prison sentence
-Fox 17: Nashville man imprisoned for murder for almost 15 years may walk free
-Fox 17: FERRIER FILES: Nashville murder conviction investigation to be reopened
-Fox 17: FERRIER FILES: Is Nashville man serving a life sentence innocent?
-Fox 17: FERRIER FILES: Imprisoned man’s DNA not on murder weapon
-Channel 5: Wrongful conviction requests are getting a second look
-The Tennessean: District attorney redesigns ‘burdensome’ process of searching for wrongful convictions
30. Stone, et al. v. Amason—Davidson County Circuit Court ($304,000.00 settlement award arising from dog attack)
Selected Case Documents:
–Settlement Order (1/2)/Settlement Order (2/2)
–Notice of Satisfaction of $304,000.00 Judgment
Selected Media Coverage:
-News Channel 5: Dog escapes backyard, attacks 4, including child, in Madison
-WSMV: 3 attacked by pit bull in Madison
-WKRN: Baby, teen among 3 injured in Madison dog attack
-Fox 17: 911 calls detail horrifying scene as dog attacks child, three others in Nashville
31. Mynatt v. National Treasury Employees Union, Chapter 39—Tennessee Court of Appeals (won)
Selected Case Documents:
*Tennessee Court of Appeals Opinion Reversing Judgment
–Principal Brief of Plaintiff-Appellant
–Brief of Defendants-Appellees
–Reply Brief of Plaintiff-Appellant
Selected Coverage:
32. Jeffrey Hughes v. Tennessee Board of Parole—Davidson County Chancery Court (won)
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
33. Metropolitan Government, et al. v. Davidson County Election Commission (on behalf of Amici Curiae)—Tennessee Court of Appeals (won)
Selected Case Documents:
–Brief of Amicus Curiae Save Nashville Now (asserting mootness)
–Brief of Amicus Curiae the Nashville Area Chamber of Commerce (asserting defect in referendum petition)
–Opinion of the Tennessee Court of Appeals (adopting both arguments)
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
34. 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:
35. 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
36. Olivia Price v. Jennifer Tiehen—Hamilton County General Sessions Case No. 22GS3977 (won)
Selected Case Documents:
*Order Granting Tennessee Public Participation Act Petition and Dismissing Warrant
*Order Granting Attorney’s Fees
37. Donald Price v. Jennifer Tiehen—Hamilton County General Sessions Case No. 22GS3977 (won)
Selected Case Documents:
*Order Granting Tennessee Public Participation Act Petition and Dismissing Warrant
*Order Granting Attorney’s Fees
38. Kimberly Klacik v. Candace Owens—Davidson County Circuit Court Case No. 21C1607 (won)
Selected Case Documents:
–Defendant’s Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-The Daily Beast: Failed GOP Candidate Ordered to Pay $115,000 to Candace Owens
-Law and Crime: Candace Owens Wins Clash of the Pro-Trump Influencers, Lands $115,000 Judgment Against Politician Who Sued Her for Defamation
39. 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
40. 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
41. 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
42. 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
43. Johnston v. Rutherford County, Tennessee, et al.—U.S. District Court for the Middle District of Tennessee (won)
Selected Case Documents:
*New Religious Accommodations Policy
*New Detention Protocol Policy
–Defendants’ Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-Channel 2: Muslim woman who was required to remove hijab for booking photo reaches settlement with Rutherford County
-Channel 5: Tennessee woman forced to remove hijab during mug shot gets $100k payout
-The Tennessean: Settlement reached over forced removal of hijab in Rutherford County
-Washington Post: She was forced to remove her hijab for a mug shot, she says. Now, she’s suing.
-The Tennessean: Tennessee county sued over forcing woman to remove hijab for jail booking photo
44. 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
45. 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
–Appellant’s Emergency Motion for Review
46. Pereira v. City of Lakeland, et al.—U.S. District Court for the Western District of Tennessee (won)
Selected Case Documents:
*Final Order and Consent Decree
–Plaintiff’s Motion for Preliminary Injunction
Selected Media Coverage:
-Channel 5: Lakeland ordered to pay woman over $31K after fining her over political yard sign
-The Commercial Appeal: Shelby County woman wins First Amendment case for profane election sign
-New York Times: City Illegally Fined Woman Over Profane Political Yard Sign, U.S. Judge Rules
-TechDirt: Tennessee Woman Scores A Win In Free Speech Lawsuit Filed Over Her ‘Fuck ‘Em Both 2024’ Yard Sign
-Channel 13: Court orders City of Lakeland to pay woman nearly $32K after fining her for “unredacted” political yard sign
47. Jones-Mbuyi v. Metro, et al.—Davidson County Circuit Court (won)
Selected Case Documents:
–Metro Domestic Violence Policy Reform
Selected Media Coverage:
-The Tennessean: Metro Nashville to pay $250K to mother of woman killed after asking police for protection
-Channel 2: Metro Council approves $250K settlement to family of domestic violence shooting victim
48. Foreman v. Rosenberg—Davidson County Circuit Court Case No. 23C891 (won)
Selected Case Documents:
*Order Granting Attorney’s Fees
*Order Granting $100,000.00 Sanctions Award
–Defendants’ Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-The Tennessean: Metro Council member gets win against defamation suit filed by former opponent
-The Tennessee Outlook: Former Republican candidate Michelle Foreman slapped with $100,000 in court sanctions
-The Tennessean: Former Metro Council member awarded $100k in sanctions after win in defamation lawsuit
49. Thunder Air, Inc. v. Blevins—Marion County Chancery Court Case No. 8424 (won)
Selected Case Documents:
–Defendant’s Motion and TPPA Petition to Dismiss
Selected Media Coverage:
-The Nashville Scene: Thunder’s Blunder: East Tennessee Developer Loses Libel Suit
-Chattanooga Times Free Press: Libel suit over ‘Swiss cheese’ criticism of River Gorge Ranch dismissed
-Chattanooga Times Free Press: Lawsuits accuse developer Thunder Thornton of intimidating critics of River Gorge project
-The Nashville Scene: An East Tennessee Developer’s Hubris Could Cost Him
50. Garton v. Crouch, et al.—U.S. District Court for the Middle District of Tennessee Case No. 3:21-cv-00338 (won)
Selected Case Documents:
Selected Media Coverage:
-Reason: Tennessee to Pay $125,000 to Settle Lawsuit by Man Arrested for Posting Meme Mocking Dead Cop
-Law and Crime: ‘He did a meme. They arrested him’: Authorities pay $125k to settle lawsuit by man jailed for ‘offending’ police with online post
-The Tennessean: Man arrested over meme of Dickson police officer’s grave settles lawsuit with DA, TBI
-Reason: Tennessee Man Arrested for Posting Picture Mocking Dead Police Officer Files First Amendment Lawsuit
-Law and Crime: ‘Constitutionally Illiterate’ Tennessee Authorities Arrest Man For ‘Posting an Anti-Police Meme’ on Social Media
-The Tennessean: Man arrested over faked photo of Dickson police officer’s grave sues TBI, DA, city for $1M
Daniel Horwitz is lawyer based in Nashville, Tennessee. If you would like to purchase a consultation from Horwitz, you can do so using the following form:
