The Tennessee Supreme Court has laid down the law regarding the recovery of attorney’s fees under the state's anti-SLAPP statute, effectively narrowing the financial pathways for defendants in SLAPP suits. According to a press release from the Tennessee Court, in a unanimous decision, the justices have determined that parties may not collect attorney’s fees under the Tennessee Public Participation Act (TPPA) if the plaintiff calls it quits on their lawsuit before it gets its day in court.
The case before the court involved one Robert E. Lee Flade, who sued several individuals over comments they made online, which he claimed were defamatory. Formerly, responding to Flade's action, two defendants sought protection under the TPPA, arguing Flade's lawsuit was primarily a ploy to intimidate and punish them for their free speech. But before the trial could tackle their petitions, Flade voluntarily dropped his lawsuit, as detailed by the Tennessee Court. The defendants, hung out to dry with their legal bills, insisted the court should still consider their counterclaims under the TPPA.
In its verdict, referenced by the official press release, the Supreme Court has upheld rulings from both the trial court and the Court of Appeals that supported Flade's right to drop the case as he saw fit. The carefully reasoned opinion hinges on the longstanding principle that plaintiffs in Tennessee law have the right to voluntary dismissal, a right that’s not easily circumvented by legislative innovation or the defendants' financial interests.
To access the Supreme Court’s opinion in Flade v. City of Shelbyville, authored by Justice Jeff Bivins, please visit the opinions section at TNCourts.gov.
