Where a trial court did not explain the legal basis for its ruling that a deputy sheriff was immune from a defamation suit under the GTLA, the Court of Appeals vacated the judgment. In Taylor v. Harsh, No. M2019-01129-COA-R3-CV (Tenn. Ct. App. Feb. 21, 2020), plaintiff filed suit against defendant,…
The absolute privilege against a Tennessee defamation claim given to some state officials “for statements made in the course of their official duties” does not extend to district attorneys general. In Burns v. State of Tennessee, No. E2018-02174-COA-R9-CV (Tenn. Ct. App. Nov. 26, 2019), plaintiff was the lead investigator for…
In a Tennessee defamation case, statements made in an email regarding a deposition in a federal lawsuit fell under the litigation privilege and dismissal was affirmed. In Kilgore v. State of Tennessee, No. E2018-01790-COA-R3-CV (Tenn. Ct. App. Nov. 13, 2019), plaintiff had been involved in a previous federal lawsuit. In…
The Tennessee Supreme Court recently affirmed that the fair report privilege does not apply to “a nonpublic, one-on-one conversation between a newspaper reporter and a detective of the county sheriff’s department, who also served as the public information officer for the sheriff’s department.” In Burke v. Sparta Newspapers, Inc., No.…
To defeat summary judgment on a defamation claim, a public figure needed to “produce clear and convincing evidence of actual malice at the summary judgment stage.” In Elsten v. Coker, No. M2019-00034-COA-R3-CV (Tenn. Ct. App. Oct. 4, 2019), plaintiff and defendant were both running for mayor of Hendersonville. Before the…
In order to succeed on a defamation by implication claim in Tennessee, a plaintiff must be able to show that the statements made implied facts that were not true and held the plaintiff “up to public hatred, contempt or ridicule, “ or lowered the plaintiff “in the eyes of the…
Social media and the ability to broadcast one’s opinions across the internet are raising many new issues in defamation law. A recent Tennessee case held that when a Facebook post and picture are posted together, they must be considered together and the communication should be analyzed in its entirety. In…
In Vaughn v. Methodist Hospital Staff & Administration, No. W2016-00422-COA-R3-CV (Tenn. Ct. App. May 8, 2017), the Tennessee Court of Appeals affirmed dismissal of a slander claim due to the six-month statute of limitations. Plaintiff, who was proceeding pro se, originally filed her action in general sessions court for “libel/slander/defamation…
A recent Court of Appeals case serves as a reminder of the difficulty of proving actual malice in a false light claim made by a public official. In Eisenstein v. WTVF-TV, No. M2015-00422-COA-R3-CV (Tenn. Ct. App. May 3, 2016), plaintiff was a Davidson County General Sessions Judge suing a TV…
In Goetz v. Autin, No. W2015-00063-COA-R3-CV (Tenn. Ct. App. Feb. 10, 2016), plaintiff filed a rather unclear complaint that appeared to assert four causes of action: (1) defamation, (2) malicious prosecution, (3) abuse of process and (4) intentional infliction of emotional distress. The trial court dismissed the entire complaint for…