The Law Office of Daniel A. Horwitz, Esq.

Selected Case History

Nashville attorney Daniel Horwitz, left, and Davidson County Criminal Court Clerk Howard Gentry talk after a hearing where Horwitz presented a case for the mass expungement of 350,000 cases (involving 128,000 people). (Photo: Shelley Mays / The Tennessean)

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

Appellant’s Principal Brief

Appellant’s Reply Brief

*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 Principal Brief

Metro’s Principal Brief

Wallace Reply Brief

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

Petitioner’s Principal Brief

Respondent’s Brief

Petitioner’s Reply Brief

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 Complaint

Plaintiff’s Memorandum of Law in Support of a Preliminary Injunction

Defendants’ Answer

Plaintiff’s Pre-Trial Brief

Defendants’ Pre-Trial Brief

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 Granting TPPA Petition

*Order of Dismissal

*Order Amending Judgment and Dismissing Complaint With Prejudice

Brief of Defendant-Appellee Kelly Beavers

Brief of Appellants Nandigam Neurology and Kaveer Nandigam

Reply Brief of Appellants

Reply Brief of Kelly Beavers

Complaint

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

General Sessions Warrant

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: Doctor Suing A Patient Over A Negative Review Has His Case Dismissed Under Tennessee’s New Anti-SLAPP Law

-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

*Appellate Court Order Denying Plaintiff’s Appeal and Remanding for Consideration of Attorney’s Fees Award

*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

-TechDirt: Appeals Court Finally Shuts Down Bogus Lawsuit Targeting A School Official For Words A Journalist Wrote

-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

–Complaint

–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

–Metro’s Motion to Dismiss

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:

*Tennessee Court of Appeals Opinion Affirming Chancery Court Judgment Based on Petition Defect and Finding Mootness

Memorandum and Final Order

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 NowTennessee Court of Appeals (won)

Selected Case Documents:

*Court of Appeals Memorandum Opinion Affirming Judgment

FOP Court of Appeals Brief

Metro Court of Appeals Brief

Community Oversight Now Court of Appeals Brief

*Tennessee Supreme Court Order Denying FOP’s Rule 10 Application

FOP 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

Appendix

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)

*Settlement Agreement

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 Complaint

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

The Dog Spot Complaint

Defendant Hardin Motion to Transfer & Exhibits

Defendant Hardin’s Memorandum in Support of Motion to Dismiss

Hardin 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 Complaint

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

*Judgment

*Verdict Form

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:

Complaint

Memorandum of Law in Support of Motion to Dismiss and TPPA Petition

*Agreed Final Order

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

Amended Complaint

Defendants’ Memorandum in Support of Motion to Dismiss

Defendant CCHR of Nashville’s Anti-SLAPP Petition to Dismiss Pursuant to the Tennessee Public Participation Act

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’s Answer

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

-WKRN: Nashville judge rules 911 operators can be held partially responsible in Waffle House shooting lawsuit

25.  Halliburton v. Reynolds—U.S. District Court for the Middle District of Tennessee (won)

Selected Case Documents:

*Final Order Granting $1 Million Judgment

Plaintiff’s Complaint

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

-The Root: Former NYPD Officer Ordered to Pay $1M Over Tennessee Break-InEx-NYPD Officer Ordered to Pay $1 Million to Black Tennessee Woman Whose Home He Broke Into Before Hurling Racial Slurs

-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

-CNN: Tennessee woman wants a New York police officer who barged into her home and was accused of a racial slur to be fired

-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.

-Newsweek: NYPD OFFICER PLEADS GUILTY TO ASSAULT AND TRESPASSING FOR BREAKING INTO NASHVILLE FAMILY’S HOME AND THREATENING THEM WITH THE N-WORD

-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

Plaintiff’s Complaint

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’ Answer

Plaintiff’s Motion for Summary Judgment, Memorandum in Support, and Statement of Undisputed Material Facts

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:

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

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’ Complaint

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

Petitioner’s Motion to Reopen Post-Conviction Petition and Petition to Issue Writ of Error Coram Nobis

District Attorney’s Response

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:

Following Unanimous Ruling by the Tennessee Court of Appeals, Horwitz Law, PLLC Client Kenneth Mynatt Wins Malicious Prosecution Appeal

32Jeffrey Hughes v. Tennessee Board of Parole—Davidson County Chancery Court (won)

Selected Case Documents:

*Petition for Writ of Certiorari

Brief of Petitioner

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:

-TechDirt: Appeals Court Smacks Down Unconstitutional Injunction Obtained By A Lawyer To Silence Someone Who Left A Negative Review

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:

*Order Granting Tennessee Public Participation Act Petition, Dismissing Complaint With Prejudice, and Awarding $115,000.00 in Attorney’s Fees

Plaintiff’s Complaint

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

Plaintiff’s Complaint

Plaintiff’s Principal Brief

Plaintiff’s Reply Brief

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

 

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:

Consultation Payment Form

Payment for: 30-Minute Consultation

Amount: $300.00

Validating payment information...
Waiting for PayPal...
Validating payment information...
Waiting for PayPal...