Won Tennessee Public Participation Act Anti-SLAPP Petition

Secured dismissal of a defamation action against a technology client by filing a successful petition to dismiss under the 2019 Tennessee Public Participation Act (T.C.A. § 20-17-101 et seq.). The petition engaged the TPPA's mandatory discovery stay and burden-shifting framework, demonstrating that the underlying statements were protected speech on matters of public concern. The dismissal preserved the client's defenses and contributed to the developing body of Tennessee precedent on TPPA Anti-SLAPP protection in commercial and tech-sector contexts.

The Defamation Action

The action arose from public statements the technology client made about industry practices, which a plaintiff alleged were defamatory. The team identified the statements as a clear fit for the TPPA's protected-speech framework, since they concerned matters of public concern within the technology industry. The defense strategy centered on the TPPA petition rather than substantive defamation defenses, because the petition framework provides faster resolution, a mandatory discovery stay, and fee-shifting against the plaintiff.

The Tennessee Public Participation Act

Tennessee's TPPA, enacted in 2019 and codified at T.C.A. § 20-17-101 et seq., is the state's modern Anti-SLAPP framework. The petition to dismiss under § 20-17-104 must be filed within 60 days of service and triggers an automatic discovery stay. The burden-shifting framework requires the petitioner to show the action is based on protected speech. The respondent must then establish a prima facie case for each essential element of the claim. Fee-shifting under § 20-17-107 mandates an award of attorneys' fees and costs to a prevailing petitioner.

Petition Strategy and Dismissal

The team's petition established that the client's statements concerned matters of public concern in the technology industry and were within the TPPA's protected speech framework. The mandatory discovery stay prevented the plaintiff from obtaining discovery while the petition was pending, preserving the client's strategic position. The court granted the petition, finding that the plaintiff had not met its burden to establish a prima facie case for each element of defamation. The dismissal and supporting fee-shifting award produced a clean precedential record for tech-sector TPPA defenses in commercial contexts.