This is an interlocutory appeal pursuant to the Tennessee Public Participation Act (“TPPA”), Tenn. Code Ann. § 20-17-101 to -110, challenging the denial of the petition to dismiss all three claims asserted by the plaintiff. After the defendant filed his TPPA petition, the plaintiff voluntarily dismissed two of his three claims, leaving only his claim for malicious prosecution. While the TPPA petitioner sought to adjudicate all three claims under the TPPA, the trial court ruled that the only remaining issue was whether the plaintiff “has properly plead a claim for malicious prosecution and whether this action should be dismissed pursuant to TPPA.” Following a hearing limited to the malicious prosecution claim, the trial court denied the petition to dismiss without setting forth the reasons for its decision. On appeal, the TPPA petitioner contends he was wrongfully deprived of a decision on his petition concerning the two claims the plaintiff voluntarily dismissed. He also contends the trial court erred in denying his TPPA petition to dismiss the malicious prosecution claim. Relying on the Supreme Court’s most recent ruling in Flade v. City of Shelbyville, ––– S.W.3d ––––, No. M2022-00553-SC-R11-CV, 2024 WL 4448736, at *5 (Tenn. Oct. 9, 2024), we affirm the trial court’s determination that the TPPA petitioner was not entitled to a decision on the two voluntarily dismissed claims. As for the trial court’s denial of the petition to dismiss the remaining claim, malicious prosecution, we have determined that the TPPA petitioner established that the TPPA applies to the claim presented, which shifted to the plaintiff the burden to establish “a prima facie case for each essential element of the claim in the legal action.” See Tenn. Code Ann. § 20-17-105. We have also determined that the plaintiff failed to establish an essential element of his malicious prosecution claim, that the proceeding brought against him by the defendant “terminated in the plaintiff’s favor.” See Mynatt v. Nat’l Treasury Emps. Union, Chapter 39, 669 S.W.3d 741, 746 (Tenn. 2023). Accordingly, we affirm the trial court’s decision to not adjudicate the first two claims after they were voluntarily dismissed but reverse the trial court’s decision denying the TPPA petition to dismiss the malicious prosecution claim and remand with instructions to dismiss that claim. Further, the TPPA states that, “[i]f the court dismisses a legal action pursuant to a petition filed under this chapter, the court shall award to the petitioning party . . . [c]ourt costs, reasonable attorney’s fees, discretionary costs, and other expenses incurred in filing and prevailing upon the petition.” Tenn. Code Ann. § 20-17-107(a), (a)(1). Accordingly, we remand with instructions for the trial court to make the appropriate award as it pertains to the costs and fees incurred in the trial court and on appeal that pertain to the TPPA petitioner’s efforts to dismiss the malicious prosecution claim.

After suffering an injury, patient alleged that in-patient facility was negligent in failing to inform medical transportation company of his physical limitations prior to his discharge from the facility. In response to the facility’s summary judgment motion, patient relied on the testimony of an “expert in passenger ground transportation.” The trial court found that issues of fact remained as to patient’s ambulation needs, but granted summary judgment as to standard of care and breach because patient’s expert was not competent to testify under the Tennessee Health Care Liability Act, and the common knowledge exception did not apply. Finding no reversible error, we affirm.

The U.S. Supreme Court has rejected an appeal from South Carolina's Parks, Recreation and Tourism Department, which sought to shield information from Google in an ongoing antitrust lawsuit. According to Reuters, the department argued it was immune from Google's subpoenas because it was not a named plaintiff in the antitrust lawsuit and thus should not be considered an “arm of the state.” The high court's order let stand a lower court ruling requiring the department to provide advertising-related records. In the underlying lawsuit, South Carolina and 16 other states sued Google for allegedly overcharging for its advertising technology. Google has sought information from the states to fight those allegations. It said dozens of other state agencies complied with its demands for information.

The U.S. Attorney's Office for the Middle District of Tennessee today announced the launch of "Operation Bond Watch" to prosecute individuals previously charged with murder and attempted murder who unlawfully possess firearms while on bond. The initiative aims to deter violent crime and protect the community. The program will focus on individuals released on bond for serious violent crimes and seek federal charges if they are found to have illegally possessed firearms. According to a press release, the office says the program will help prevent gun violence and hold violent criminals accountable. In April, a Nashville man out on bond for murder was arrested for another murder, highlighting the need for the initiative, the office says. The program is part of Project Safe Neighborhoods, a broader effort to reduce violent crime and gun violence in communities.

Nashville and Davidson County Metro Council member Delishia Porterfield, who chairs the council's Budget Committee, plans to prioritize investments in youth programs to address recent gun violence in Nashville, including funding a new Office of Youth Safety, Axios Nashville reports. The news outlet says that two recent shootings have underscored the urgency of this issue. Last week, a 14-year-old was fatally shot during an attempted robbery in East Nashville. Earlier this month, mass shooting killed one person and injured nine others, including children. Porterfield's alternative budget earmarked $750,000 for the Office of Youth Safety and $250,000 for increased community center programming. She believes that empowering youth with conflict resolution skills and restorative justice practices can help break the cycle of violence, “The recent tragedy has highlighted the urgent need for effective solutions that not only address conflicts but also promote healing and understanding," Porterfield said in a statement.

Two representatives from the Davidson County Election Commission will facilitate early voting for incarcerated individuals in five jail facilities run by the Davidson County Sheriff’s Office on Oct. 29, a week ahead of the general election on Nov. 5. With approximately 70 people expected to participate, the effort marks a significant increase in engagement compared to past elections, the Nashville Banner reports. People in Nashville's jails are legally allowed to vote unless they have a felony conviction, though logistical challenges have historically hindered participation. Davidson County Sheriff Daron Hall collaborated with community advocates to identify those eligible to vote, which resulted in 172 absentee ballot requests.

A former Memphis Police Department officer is serving a six-month federal prison sentence for stealing $18,500 from CrimeStoppers and will have to pay $22,400 in restitution. Arica Hutchison pleaded guilty to defrauding the United States in June and was sentenced earlier this month. According to the Daily Memphian, Hutchison entered fraudulent data into the CrimeStoppers database while an associate posed as a tipster to receive the the reward. Hutchison accessed databases and provided her associate with tip numbers and suspect information about tips. Disciplinary records show she admitted to federal investigators in February that she illegally obtained CrimeStoppers funds. Hutchison joined MPD in 2007 and CrimeStoppers in 2018. “As far as we’re concerned, (in) 44 years, it’s never happened before,” David Wayne Brown, CrimeStoppers executive director, said. "I consider it an anomaly.”

Donald J. Polden, former University of Memphis Cecil C. Humphreys School of Law dean died Oct. 15 at the age of 76. Polden served as dean of the law school from 1993 to 2003. According to the school, he increased the diversity of the student body, raised the national profile of the faculty, and secured significant private support for the law school during his tenure. He also oversaw the law school's move to its downtown Memphis building and its admission to the Association of American Law Schools. Polden received his law degree from the University of Indiana. In a press release, the school says he was known for his commitment to diversity and access to legal education. Polden also served on numerous state and national commissions and committees, including those dedicated to improving racial and ethnic diversity in state courts, strengthening clinical legal education and improving the health of law students.

The TBA's Law Office Technology & Management Section is presenting the latest installment of its law tech webcast series on Nov. 19 from 1:30 p.m. to 2:15 p.m. CST.  In "Our Era of AI: Responsible AI & Microsoft Copilot," attorneys will hear how Microsoft embraces Responsible AI in its development of AI solutions and how the Microsoft legal department uses the Microsoft Copilot AI solution to achieve more. For more information or to register visit the TBA’s website.

Affinity Insight is the “easy” button you’ve been waiting for. The Affinity Insight Standard Plan gives your team 24/7 access to in-depth, self-guided legal tech training. Offering over 150 hours of content covering more than 30 different software products, the on-demand training platform provides the kind of practical, real-world training staff need to grow and thrive. As an administrator, you can assign courses, manage users and generate progress reports quickly and easily. Learn more about these services in the Firm Training Section of the TBA’s Law Firm in a Box.