My recent article in the Tennessee Bar Journal showed how a motion under the Tennessee Public Participation Act (Tennessee’s anti-SLAPP statute) could impact the filing of defamation claims.
A new decision from the Tennessee Court of Appeals slightly shifted the balance of power in such cases. In Flade v. City of Shelbyville, Tennessee, No. M2022-00553-COA-R3-CV (Tenn. Ct. App. Feb. 24, 2023), plaintiff filed suit against several defendants asserting claims for libel, intentional interference with business, and intentional infliction of emotional distress. These claims were based on statements made by defendants about plaintiff through text messages and on social media regarding plaintiff’s role as the landlord of a duplex.
In response to the complaint, the two non-governmental defendants filed separate motions to dismiss pursuant to Tennessee Rule of Civil Procedure 12.02(6) and the TPPA. While these motions were pending, plaintiff filed notice of voluntary dismissal. The trial court dismissed the matter without prejudice pursuant to Tennessee Rule of Civil Procedure 41.01, and it held that “the TPPA was not excepted from the right to dismissal without prejudice under Rule 41.01.” The Court of Appeals affirmed.
There is no doubt that the Tennessee Supreme Court will be asked to review the case.
My suggestion? Read my article and learn of the risk of being confronted with a TPPA motion if you file a defamation claim. And, if you chose to file a defamation claim, be prepared for TPPA motion and be aware of Flade.