Ordinarily, a plaintiff asserting a defamation claim must prove that the defendant made a false statement and did so negligently. If the plaintiff is a public figure, however, he must prove that the statement was made with actual malice. This is a steep hill to climb, so determining whether the plaintiff is a public figure is a crucial inquiry in any defamation case. This case is no exception. The plaintiff here, Bill Charles, assisted with the development of the Durham Farms community in Hendersonville, Tennessee, and is president of its homeowners’ association. Charles brought defamation and false light claims against Donna McQueen, a Durham Farms resident who posted a Google review that was critical of him. McQueen sought dismissal of Charles’s claims under the Tennessee Public Participation Act, arguing that Charles could not establish a prima facie case for his claims because he could not prove actual malice. The trial court agreed with McQueen and dismissed the claims. The Court of Appeals reversed in part. It agreed with McQueen that Charles had to prove actual malice to prevail on his false light claim and had failed to do so. But it held that Charles is not a public figure and therefore need not prove actual malice for his defamation claim. We disagree with the Court of Appeals on that score. We hold that Charles is a limited-purpose public figure given the voluntary and prominent role he played in a controversy concerning changes to the Durham Farms development plan. We further hold that Charles failed to establish a prima facie case of actual malice. Finally, we reject Charles’s argument that McQueen waived her request for appellate attorney’s fees by failing to list it as an issue in her Court of Appeals brief. We reverse the Court of Appeals in part and affirm in part, and we remand for further proceedings.

Dorris Caldwell "Jim" Daniel Jr. died June 30 at age 89. After college Daniel entered the U.S. Army Reserve receiving his honorable discharge in 1963. He received his law degree from George Washington University Law School. In 1974 he joined the law firm of Daniel, Burton, Bolin & LaRoche in Murfreesboro. In 1991 he began a private practice as a Social Security Disability attorney, retiring in 2008. Daniel was a past president of the Nashville chapter of the Federal Bar Association and a member of the Tennessee Association of Criminal Defense Lawyers. He served as a board member of Legal Aid Society of Middle Tennessee & the Cumberlands until his retirement. A memorial service is planned at First Presbyterian Church, 210 N Spring St., Murfreesboro 37130, on July 13 at 1 p.m. CDT, preceded by entombment at the church’s Columbarium with family only. A reception will be held in the church’s Common Room following the service. Memorial gifts in lieu of flowers may be sent to Shriner’s Children Hospital and the First Presbyterian Church’s Music Ministry.

Edith Taylor Langster, a groundbreaking figure in Nashville’s history and a dedicated public servant, died June 30 at age 75. Langster was a patrol officer in the Metropolitan Nashville Police Department (MNPD) and made history in 1972 by becoming the first Black female patrol officer in MNPD’s Patrol Division. The Tennessee Tribune reports that at that time, women officers were confined to administrative “desk” positions; however, Langster challenged the status quo. She served as a Nashville Metro Council member representing District 20 and was a member of the Tennessee State House of Representatives. Visitation will take place on July 6 from 11–11:45 a.m. CDT, followed by family reflections at St. Ann Catholic Church, 5101 Charlotte Ave., Nashville 37209. Mass of Christian burial services will occur at noon.

The July/August 2024 issue of the Tennessee Bar Journal is now available online, and print copies will arrive in mailboxes next week! This issue includes news from TBA's Annual Convention, including the swearing in of Nashville attorney Ed Lanquist Jr. as president and his first President's Perspective column. Tom Shumate penned the cover story on the future of noncompete agreements; his colleague Katelyn Barham provides an in depth look at the legality of recording workplace conversations. Wade Davies' Crime & Punishment column features an interview with Stephen D. Crump, executive director of the Tennessee Conference of District Attorneys General, and Russell Fowler shares the story of the murder of Davidson County Chancellor Andrew Allison, who was also the TBA's third president. John Day reviews "Privileges and Protections: Tennessee and Sixth Circuit Law," by Nashville lawyers E. Todd Presnell and Kristi W. Arth. Additionally, Justice Sharon Lee and Buck Lewis introduce The Justice Frank F. Drowota Trust.

Document management systems take file organization to the next level with security and cataloging capabilities. Whether you want an on-premises or cloud-based solution, this comparison chart covers all the bases. Find this and more in the Document Automation and Assembly section of TBA’s Law Firm in a Box.

The TBA will be closed tomorrow, July 4, for Independence Day. The office will reopen Friday at 8 a.m. CDT. As always, our TBA.org website has plenty of continuing legal education options and other information available to you 24/7. Reach out to staff directly using contact information posted on our online staff directory.

Civil rights activists have decided not to ask the U.S. Supreme Court to review a federal appeals court's ruling that would sharply curtail lawsuits in parts of the country seeking to enforce a landmark voting rights law's protections against racial discrimination. The Arkansas Public Policy Panel and the Arkansas State Conference NAACP had faced a Friday deadline to ask the justices to hear an appeal of a lower-court's decision holding that only the government and not private plaintiffs can pursue cases enforcing Section 2 of the Voting Rights Act. The groups — which are challenging a redistricting plan for the Arkansas State House of Representatives — said they instead will use “an alternative mechanism” to pursue their goals, namely an 1871 law enacted in the post-Civil War Reconstruction era. Reuters has more about the decision.

KMW Legal and Swan Law have merged to form Keller Swan Injury Attorneys. The Florida-based firm, with offices in Memphis and Nashville, provides personal injury, property damage, personal injury protection, worker's compensation, wrongful death and criminal defense representation. Other offices are located in Arkansas, Arizona, Georgia and Mississippi. The new firm is headed by managing partners Christopher Keller, founder of KMW Legal, and Blake Swan, founder of Swan Law. Read more about the merger from Business Wire.

Davidson County General Sessions Judge Rachel L. Bell recently was recognized by three organizations for her leadership. Over the summer, Bell completed a three-week program at the Harvard Kennedy School for Executive Education for Senior Executives in State & Local Government. In addition, the LGBTQ+ Victory Institute named her its 2024 David Bohnett Leaders Fellow. And the National Bar Association’s (NBA) LGBTQ+ Division has named her one of two recipients of the group’s first-ever Judge Deborah A. Batts Vanguard Award. The award, which recognizes contributions to the LGBTQ+ community, will be presented at the NBA’s National Convention and Awards Gala. Read more about these honors.

Memphis lawyer William “Lytle” Nichol IV died June 24 at the age of 87 years. A native of Memphis, Nichol attended the University of Virginia and completed his undergraduate degree in three years. He then completed his first year of law school there before serving three years in the U.S. Navy as a communications officer. After graduating from law school in 1964, Nichol joined the Memphis law firm of Evans, Petree, Cobb and Edwards, now known as Evans Petree. He practiced in the areas of corporate law, estate planning and probate. His nephew Richard E.M. Nichol Jr. and son William L. Nichol V later joined him at the firm. A memorial service will be held July 11 at 11 a.m. CDT at St. John's Episcopal Church, 3245 Central Ave, Memphis, TN 38111. Memorial donations may be made to the church.