The Law Office of Daniel A. Horwitz, Esq.

Selected Case History

Please contact daniel.a.horwitz@gmail.com for additional inquiries.

1.  Gluzman v. Tennessee Board of Law Examiners—Tennessee Supreme Court (won)

Selected Case Documents:

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

-*Order Granting Writ

 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

-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 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.  Project Belle, LLC v. Tennessee Board of Cosmetology and Barber Examiners—Tennessee Board of Cosmetology and Barber Examiners (won)

Selected Case Documents:

Board Complaint and Demand to Cease and Desist

Respondent’s Response Letter Denying Liability and Refusing Consent Order

*Order Dismissing Complaint

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

-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

4.  R.U. v. State of Tennessee—Davidson County General Sessions Court (won)

Selected Case Documents:

Petition for Writ of Audita Querela (Redacted)

*Order Granting Writ of Audita Querela 

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

5.  Loftis v. Rayburn—Davidson County Circuit Court (won) (appeal pending)

Selected Case Documents:

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

*Order Dismissing Plaintiff’s Complaint With Prejudice

Brief of Plaintiff-Appellant Thomas Nathan Loftis, Sr.

Brief of Defendant-Appellee and Cross-Appellant Randy Rayburn

Selected Media Coverage:

-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.  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

7.  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

8.  Sullivan v. Benningfield—U.S. District Court for the Middle District of Tennessee (pending)

Selected Case Documents:

Plaintiff’s Amended Complaint for Injunctive and Declaratory Relief

Defendants’ Notice of Removal

Defendants’ Motion to Dismiss

Plaintiffs’ Response in Opposition to Motion to Dismiss

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 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 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

9.  Owens v. Metropolitan Nashville Police Department—Davidson County Chancery Court (won)

Selected Case Documents:

Plaintiff’s Complaint

Plaintiff’s Application for Temporary Injunction

*Order Granting Declaratory Judgment to Plaintiff

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

10.  The Dog Spot v. Byer et al.—Davidson County Circuit Court (won)

Selected Case Documents:

The Dog Spot Complaint

Defendant Hardin Motion to Transfer & Exhibits

Defendant Hardin’s Memorandum in Support of Motion to Dismiss

Hardin Motion to Dismiss

-*Order Dismissing Lawsuit

Selected Media Coverage:

-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

11.  Calvin Eugene Bryant, Jr. v. State of Tennessee—Davidson County Criminal Court (lost) (appeal pending)

Selected Case Documents:

Calvin Bryant Verified Petition for Sentencing Relief

Appendix

Petitioner’s Supplemental Memorandum in Support of Jurisdiction

*Trial Court Order Denying Relief

Record Designations and Issues to Be Presented on Appeal

Selected Media Coverage:

-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

-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

12.  Jason Blake Bryant v. State of Tennessee—U.S. District Court; U.S. Court of Appeals for the Sixth Circuit (pending)

Selected Case Documents:

Sixth Circuit Order Granting Motion to File Successive Habeas Petition

Petitioner’s Memorandum in Support of Successive Habeas Petition

Middle District of Tennessee Order Granting Motion to Transfer

Petitioner’s Petition for Writ of Mandamus

Sixth Circuit Order Directing Response to Petition for Writ of Mandamus

Judge Waverly Crenshaw Response in Opposition to Petition for Writ

Selected Media Coverage:

-The Associated Press: Tennessee Prisoner Sentenced to Life at 15 Asks for Freedom

-WJHL Channel 11: Man convicted as teen in Lillelid murders sentence challenge delayed

-ScotBlog:  Jason Bryant Statement on Recent Coverage Regarding Lillelid Murders

13.  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

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