Posts By: Todd Moore

Court of Appeals Sends Campfield Defamation Case Back to Trial Court

The Tennessee Court of Appeals ruled earlier this week that the defamation lawsuit filed against state Sen. Stacey Campfield may proceed to trial, reversing the trial court’s earlier decision dismissing the case. Roger Byrge, an unsuccessful candidate for state representative in 2008, sued Sen. Campfield for posts placed on Campfield’s blog, “camp4u,” during the campaign.

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Southern Land’s Hillsboro Tower in Green Hills is a Long Time Coming

Although a group of area residents recently filed suit hoping to slow the construction of Southern Land’s now 16-story office, retail and residential development at 4000 Hillsboro Pike, the legal foundation for the plan was laid over a decade ago. The tower component of the project was originally proposed for 14 stories, was revised to

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RC and MoonPie Boy Model’s Claims Must be a Federal (Copyright) Case

In 2011, Bradley Wells noticed that a photo he had modeled for–34 years prior–was being used in advertisements for RCs and MoonPies. Mr. Wells, then in his mid-40s, filed suit in state court alleging violations of the Tennessee Personal Rights Protection Act, the Tennessee Consumer Protection Act and additional common law claims for unjust enrichment,

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Politicians Say the Darndest Things: Legislators Afforded Immunity

Defamation is the communication of a false statement that harms someone’s reputation, and a victim of defamation may be entitled to monetary damages. However, when an allegedly defamatory statement is made by a legislator in the course of their duties, the lawmaker is almost always immune from suit. In the recent Tennessee Court of Appeals

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Michael Jordan Crossover: Court Reverses Ruling in MJ’s $5 Million Misappropriation of Identity Case against Grocery Store Chain

When Michael Jordan was inducted into the Naismith Memorial Basketball Hall of Fame in 2009, Time, Inc. published a special commemorative issue of Sports Illustrated Presents. Jewel Foods, Inc., a Chicago-area supermarket chain store operator was offered advertising space in the publication in exchange for placement of the edition its approximately 175 stores. Jewel apparently

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When Statutes Conflict, Rule of Thumb is The Latest is Greatest

The Tennessee Attorney General issued an opinion yesterday stating that there is an “irreconcilable conflict” between statutes involving the authority to provide water and wastewater service in territory annexed by a city. Tenn. Code Ann. §5-6-120 provides in part that “From and after the creation of a water and wastewater treatment authority and the establishment

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Reading into a Coincidence on the Anniversary of a Death

In Steve Martin’s 2010 novel “An Object of Beauty,” which I am currently reading, John Updike makes a cameo appearance as a gentleman fellow-traveler on a train from New York to Washington D.C. with the story’s protagonist and a Milton Avery painting. In the book, Updike posits that “Paintings are Darwinian” in that they drift

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