In this appeal, we examine the intersection of the rule governing the voluntary dismissal of a civil action, Tenn. R. Civ. P. 41.01, and the statutory scheme of the Tennessee Public Participation Act (“TPPA”), Tenn. Code Ann. §§ 20-17-101 to -110 (2021). Robert E. Lee Flade filed suit against several defendants over what he considered to be disparaging remarks that were made on social media. Two of the defendants, Stephanie Isaacs and the Bedford County Listening Project (“the BCLP”), each filed not only a motion to dismiss the complaint pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure, but also a petition to dismiss pursuant to the TPPA. The TPPA petitions sought dismissal of the complaint with prejudice, an award of attorney’s fees and costs, and an award of sanctions. Mr. Flade filed responses, and both the motions and the petitions were set for hearing. However, before the trial court conducted the hearing, Mr. Flade voluntarily nonsuited his complaint. As a result, the trial court entered an order of dismissal without prejudice. Ms. Isaacs and the BCLP sought to have the trial court adjudicate their TPPA petitions notwithstanding the dismissal of the complaint. The trial court determined that Mr. Flade’s nonsuit concluded the matter and declined to adjudicate the TPPA petitions. On appeal as of right, the Court of Appeals affirmed. Flade v. City of Shelbyville, No. M2022-00553-COA-R3-CV, 2023 WL 2200729, at *1 (Tenn. Ct. App. Feb. 24, 2023), perm. app. granted, (Tenn. Aug. 9, 2023). We granted permission to appeal. Based on our review of applicable law, we conclude that although the right to take a voluntary nonsuit is subject to certain limitations, the mere filing of a TPPA petition is not among them. Thus, we hold that the trial court correctly declined to adjudicate the pending TPPA petitions after Mr. Flade voluntarily nonsuited his complaint. Accordingly, we affirm the judgment of the Court of Appeals.

Shelby County lawyer Larry A. Weissman has received a public censure from the Tennessee Supreme Court. The court found that Weissman was not diligent in checking a client’s case status, which led to him not discovering that the case, which had previously been dismissed, was never reopened. This led to a delay in moving the case forward. Weissman also did not consult with the client about how her case was being handled and did not abide by her decision to set the case for trial. Later in the case, he stopped communicating with the client, stopped doing any work on her case and disregarded the client’s requests that he withdraw. His actions were determined Rules of Professional Conduct 1.2(a), 1.3, 1.4(a), 1.16(a) and 3.2.

Knox County lawyer Kristen Crye Stevenson has received a public censure from the Tennessee Supreme Court. The court found that Stevenson “knowingly and repeatedly” failed to notify her client that the court overseeing the client’s workers’ compensation case had ordered the employer to approve medical treatment while the case was pending. Stevenson also repeatedly failed to appear at court-ordered conferences and hearings and failed to submit required filings. These actions led to her client being assessed sanctions, fines and attorneys’ fees in excess of $16,000. Her actions were determined to violate Rules of Professional Conduct 1.2, 1.3, 1.4(a), 3.2 and 3.4(c).

Gov. Bill Lee has announced tax relief measures for residents and businesses in eight counties impacted by Hurricane Helene. Residents in Carter, Cocke, Greene, Hamblen, Hawkins, Johnson, Unicoi and Washington counties can receive a sales tax refund of up to $2,500 on essential purchases for repairs, while all taxpayers in those areas will have extended deadlines to file and pay certain taxes until May 1, 2025. Additionally, the department will extend the franchise tax Schedule G refund filing deadline for businesses located in the counties to May 1. The department also will approve, on a case-by-case basis, tax extension requests from affected taxpayers for other taxes. Get details in a press release.

A U.S. district judge last week temporarily overturned a decision by a Tennessee official to place a woman on the sex offender registry for life, despite never being accused of a crime involving sexual misconduct. The Tennessean reports, this has for nearly a decade, kept the woman, who is referred to as Jane Doe in court records, from living with her family or attending her son’s school events. While the order is preliminary, it will be in place while the case proceeds. Tennessee classifies those convicted of kidnapping as sex offenders, even if there was no sexual component to the crime. Jane Doe was convicted of kidnapping in 2011 but claims she was forced to participate. The judge acknowledged the possibility that she might have been a victim, a perpetrator, or both, the paper reports.

Tennessee Attorney General Jonathan Skrmetti filed a response brief with the U.S. Supreme Court on Tuesday defending a state law banning gender transition procedures for juveniles. Skrmetti emphasized in a press release that the legislation aims to protect children from "irreversible, unproven medical procedures" and aligns Tennessee with 23 other states that have implemented similar restrictions. The brief argued that states have the authority to regulate medical practices and rejected the federal government's position, asserting that those opposing restrictions can advocate for change through state elections.

The American Bar Association (ABA) has revised the criteria for its Judicial Clerkship Program, which connects law students with judges and law clerks to educate them about the long-term benefits of judicial clerkships. The ABA eliminated references to schools sending students from "underrepresented communities of color" and judges hiring "minority" students after the Wisconsin Institute for Law & Liberty threatened to sue over the program. The new criteria states that law schools are "encouraged to select a diverse group of students" to participate. Judges no longer have hiring parameters, Reuters reports.

Jillian's Law — a Tennessee law enacted in response to the death of Jillian Ludwig, which requires mentally incompetent defendants to be committed for treatment — is raising concerns about the availability of hospital beds in state treatment centers. According to Fox Chattanooga, critics worry about potential waiting lists, especially at the Harold Jordan Center, the state's sole facility for intellectual disabilities. State officials, citing privacy laws, have not disclosed the number of patients awaiting treatment. They say they have taken steps to implement the law but challenges remain in ensuring adequate resources and capacity. Ludwig, a first-year Belmont University student was fatally shot in a park near campus. The alleged offender had been released  just six months earlier after a judge ruled he functioned at a kindergarten level, and was unable to stand trial on shooting charges.

Acting U.S. Attorney for the Western District of Tennessee Reagan Fondren announced Tuesday that two Memphis organizations were awarded federal grants totaling more than $2 million. The Shelby County Office of Reentry received funds to provide safe, affordable housing and comprehensive services to formerly incarcerated individuals. Heal 901 will use the funds to implement an intensive program to reduce violent crime in Memphis. "These organizations have demonstrated their commitment to working with the Department of Justice to decrease crime, advance opportunities for ex-offenders, and protect our community," Fondren said in a press release.

Join the YLD for its first Exploration CLE. Take the day to experience the beauty of one of Tennessee's state parks while earning three hours of ethics credits. Presentations will discuss ethical pitfalls for new lawyers, the science and practice of heart-based resilience and a guided visualization. Join us at Old Stone Fort Park in Manchester on Oct. 23 for this special CLE, which includes a ranger-led hike and lunch. Click here for more information and to register.