CompFox Logo
AboutWorkflowFeaturesPricingCase LawInsights

Updated Daily

Case Law Database

Access over workers' compensation decisions, including En Banc, Significant Panel Decisions, and writ-denied cases.

Case No. M2022-00553-SC-R11-CV
Regular Panel Decision
Feb 21, 2024

Robert E. Lee Flade v. City of Shelbyville, Tennessee

This case examines the intersection of the rule governing voluntary dismissal of civil actions (Tenn. R. Civ. P. 41.01) and the statutory scheme of the Tennessee Public Participation Act (TPPA). Robert E. Lee Flade filed suit against the City of Shelbyville, Stephanie Isaacs, and the Bedford County Listening Project (BCLP) over alleged disparaging remarks on social media. Isaacs and BCLP filed motions to dismiss and petitions under the TPPA. Before a hearing, Flade voluntarily nonsuited his complaint, leading to an order of dismissal without prejudice, which prompted the defendants to seek adjudication of their TPPA petitions. The Supreme Court of Tennessee affirmed the lower courts' decisions, concluding that the mere filing of a TPPA petition does not limit a plaintiff's right to voluntary nonsuit, create a vested right for adjudication, or qualify as a counterclaim under Rule 41.01(1).

Voluntary NonsuitTennessee Public Participation Act (TPPA)Anti-SLAPP StatuteCivil Procedure Rule 41.01Vested Rights ExceptionCounterclaimAppellate ReviewStatutory InterpretationConstitutional RightsFree Speech
References
59
Case No. E2021-01513-COA-R3-CV
Regular Panel Decision
Nov 01, 2022

Rachel Reiss v. Rock Creek Construction, Inc.

This appeal concerns a defamation counterclaim filed by Rock Creek Construction, Inc. against homeowners Rachel Reiss and Thomas Gomiela. The homeowners moved to dismiss the claims under the Tennessee Public Participation Act (TPPA), alleging their statements were protected free speech, but the trial court denied their motion using a traditional Rule 12 analysis. The Court of Appeals found that the trial court erred by not applying the TPPA's specific dismissal procedures. The judgment denying the homeowners' motion to dismiss and any monetary award based on defamation claims were vacated. The case is remanded for the trial court to properly adjudicate the TPPA motion, including its applicability and timeliness, using the statute's burden-shifting framework.

defamationanti-SLAPPTennessee Public Participation ActTPPAfree speechcounterclaimmotion to dismissstatutory interpretationRule 12burden-shifting
References
33
Case No. E2013-00441-COA-R9-CV
Regular Panel Decision
Feb 10, 2014

David G. Young, Individually and as City Administrator for the City of Lafollette v. City of Lafollette

This interlocutory appeal concerns a retaliatory discharge action brought by former city administrator David G. Young against the City of LaFollette. The central legal question is whether the Tennessee Governmental Tort Liability Act’s (GTLA) non-jury provision applies to a claim under the Tennessee Public Protection Act (TPPA) when brought against a governmental entity. The trial court had denied LaFollette's motion to strike Young's jury demand, permitting this appeal. The Court of Appeals, referencing its precedent in Sneed v. City of Red Bank, reversed the trial court's decision. It concluded that the GTLA's non-jury requirement is applicable to TPPA claims against municipalities, thereby requiring the case to proceed without a jury.

retaliatory dischargejury trialgovernmental immunityTennessee Public Protection ActTennessee Governmental Tort Liability Actmunicipal liabilitystatutory interpretationinterlocutory appealemployment lawsovereign immunity
References
22
Case No. 12-1047
Regular Panel Decision

Amos v. McNairy County

Plaintiff Serfin Amos, a black male and former correctional officer, sued McNairy County, Tennessee, and its Sheriff's Department for alleged violations of Title VII, the Tennessee Human Rights Act, and the Tennessee Public Protection Act. Amos claimed race discrimination related to wage disparity, demotion to jailer, probation, and failure to promote, as well as retaliation for filing an EEOC charge and whistleblowing under the TPPA. The court granted summary judgment to the defendant on all race discrimination claims, finding insufficient evidence to support these assertions. However, the court denied summary judgment on the retaliation claim, determining that a genuine issue of material fact existed regarding the County's stated reasons for Amos's termination. The TPPA claim was also dismissed due to failure to establish a prima facie case.

Employment DiscriminationTitle VII Civil Rights ActTennessee Human Rights ActTennessee Public Protection ActRetaliation ClaimSummary JudgmentRace DiscriminationWrongful TerminationFailure to PromoteWage Disparity
References
44
Case No. MISSING
Regular Panel Decision

Conley v. Yellow Freight System, Inc.

Herbert A. Conley, a former truck driver for Yellow Freight System, Inc., filed a wrongful termination suit alleging violations of the Tennessee Public Protection Act (TPPA) and a common law claim of retaliatory discharge. Conley claimed his termination was retaliation for refusing to violate Federal Motor Carrier Safety Regulations, while Yellow Freight cited his repeated failures to properly sign in and out. The court denied Yellow Freight's motion for summary judgment on the TPPA claim, finding sufficient evidence for a jury to infer a retaliatory motive and that Yellow Freight's stated reasons might be pretextual. However, the court granted summary judgment for Yellow Freight on Conley's common law retaliatory discharge claim, as his status as a unionized employee, rather than an 'at-will' employee, failed to meet a necessary element for that specific claim under Tennessee law.

Wrongful TerminationRetaliatory DischargeTennessee Public Protection Act (TPPA)Surface Transportation Assistance Act (STAA)Labor Management Relations Act (LMRA)Federal Motor Carrier Safety RegulationsPreemptionStatute of LimitationsSummary JudgmentEmployment-at-Will
References
55
Case No. M2020-01651-COA-R3-CV
Regular Panel Decision
Nov 30, 2022

Trevor Adamson v. Sarah E. Grove

Plaintiff Trevor Adamson filed a defamation lawsuit against Sarah E. Grove, Deborah Ann Sangetti, and Karl S. Bolton, which he voluntarily dismissed without prejudice. The defendants then filed a motion to alter or amend the dismissal and a petition to dismiss with prejudice under the Tennessee Public Participation Act (TPPA), seeking attorney fees and sanctions. The trial court granted the defendants' petition, dismissing the case with prejudice and awarding $15,000 in attorney fees and $24,000 in sanctions. Adamson appealed, challenging the trial court's jurisdiction after the nonsuit. The Court of Appeals found that the trial court lacked jurisdiction over the defendants' TPPA petition because it was filed after the voluntary nonsuit, and no exceptions to the nonsuit rule applied. Consequently, the appellate court reversed the trial court's order, vacated the dismissal with prejudice and awards, and remanded the case for entry of an order granting Adamson's request to dismiss without prejudice.

DefamationVoluntary DismissalNonsuitAnti-SLAPP LawTennessee Public Participation Act (TPPA)Subject Matter JurisdictionAttorney FeesSanctionsAppellate ReviewCivil Procedure
References
73
Case No. 1
Regular Panel Decision

Treadaway v. Big Red Powersports, LLC

Plaintiff Ursula Treadaway sued her former employer, Big Red Powersports, LLC, after her employment ended due to concerns about carbon monoxide (CO) exposure during her pregnancy. Treadaway went on leave following her OB/GYN specialist's recommendation to not work until the CO problem was corrected due to dangers to her unborn child. She alleged she attempted to notify her employer and submit medical documentation but was rebuffed, and eventually terminated. Treadaway filed suit alleging violations of the FMLA, Tennessee Public Protection Act (TPPA), common law retaliation for 'whistleblowing,' and the Tennessee Maternity and Adoption Care Leave Act (TMLA). The Court denied the defendant's motion for summary judgment regarding the FMLA claim, finding genuine issues of material fact. However, summary judgment was granted for the defendant on the TMLA claim (due to employer size) and the TPPA/whistleblowing claims (due to lack of public purpose and insufficient evidence of illegal activity).

FMLA ClaimTennessee Public Protection ActTennessee Maternity and Adoption Care Leave ActMotion for Summary JudgmentCarbon Monoxide ExposurePregnancy LeaveRetaliatory DischargeWhistleblower ProtectionWorkplace Safety ConcernsEmployer Responsibility
References
20
Case No. MISSING
Regular Panel Decision

Green v. Campbell Cnty.

Hilda Green, a deputy clerk, sued Campbell County and County Clerk Alene Baird for employment discrimination, retaliation, and tort claims. Green alleged age and disability discrimination, as well as retaliation under various state and federal acts including FMLA, TDA, THRA, PEPFA, and TPPA. She also claimed intentional infliction of emotional distress and malicious prosecution against Baird. The defendants filed motions for summary judgment, arguing against her claims and the basis for her alleged termination. The court denied the County's motion on all claims, finding genuine issues of material fact. For Baird's individual capacity motion, the court granted summary judgment on the malicious prosecution claim but denied it for intentional infliction of emotional distress, allowing most of Green's claims to proceed.

Employment DiscriminationRetaliationFamily and Medical Leave Act (FMLA)Disability DiscriminationAge DiscriminationHostile Work EnvironmentIntentional Infliction of Emotional DistressMalicious ProsecutionSummary JudgmentTennessee Law
References
16
Case No. W2019-02184-COA-R3-CV
Regular Panel Decision
Nov 25, 2020

Sypriss Smith v. All Nations Church of God

Former employee Sypriss Smith sued her former employer, All Nations Church of God, for retaliatory discharge, disability discrimination, and religious discrimination. A jury found in favor of Smith only on the retaliatory discharge claim under the Tennessee Public Protection Act (TPPA), awarding $15,500.00. Smith sought over $100,000.00 in attorney's fees, which the trial court reduced to $12,500.00, proportional to the punitive damages. Smith appealed the attorney's fee award, arguing the trial court abused its discretion by not fully considering all factors under Tenn. Sup. Ct. R. 8, RPC 1.5(a), and by overly focusing on proportionality. The Court of Appeals vacated the trial court's judgment and remanded the case for a more detailed explanation of its attorney's fee determination.

Retaliatory DischargeAttorney FeesAbuse of DiscretionTennessee Public Protection ActTPPADamagesPunitive DamagesAppellate ReviewJudicial DiscretionRule 1.5(a)
References
36
Case No. E2020-01038-COA-R3-CV
Regular Panel Decision
Sep 22, 2021

Jennifer King v. Delfasco, LLC

The case involves Jennifer King, a former employee of Delfasco, LLC, who sued her employer for wrongful termination under the Tennessee Public Protection Act (TPPA) and common law retaliatory discharge. King was fired for refusing to share her government-issued password to the Department of Defense (DOD) Wide Area Workflow (WAWF) system with her employer, Jack Goldenberg. She believed this act was unlawful based on advice from a DOD representative and the WAWF User Agreement. The Trial Court found in favor of King, awarding her damages but denying emotional distress and punitive damages. The Court of Appeals affirmed the Trial Court's judgment, concluding that King had a reasonable belief that sharing her password was unlawful and that her refusal was the sole basis for her termination. The Court also affirmed the award of attorney's fees to King and remanded for the calculation of appellate attorney's fees.

Retaliatory DischargeTennessee Public Protection ActUnlawful TerminationPassword Protection PolicyDepartment of DefenseWAWF SystemUser Agreement ViolationEmployment LawAppellate ReviewAttorney's Fees Awarded
References
40
Showing 1-10 of 12 results

Ready to streamline your practice?

Apply these legal strategies instantly. CompFox helps you find decisions, analyze reports, and draft pleadings in minutes.

CompFox Logo

The AI standard for workers' compensation professionals. Faster research, deeper analysis, better outcomes.

Product

  • Platform
  • Workflow
  • Features
  • Pricing

Solutions

  • Defense Firms
  • Applicants' Attorneys
  • Insurance carriers
  • Medical Providers

Company

  • About
  • Insights
  • Case Law

Legal

  • Privacy
  • Terms
  • Trust
  • Cookies
  • Subscription

© 2026 CompFox Inc. All rights reserved.

Systems Operational