§18.1 Generally
1. Robertson v. The Leaf Chronicle, M2007-01025-COA-R3-CV (Dec. 20, 2007).
The Court's Summary:
"The plaintiff appeals the summary dismissal of his defamation action against the defendant. The cause of action arose out of a newspaper article appearing in the defendant’s newspaper, which pertained to the criminal prosecution of the plaintiff on charges for aggravated rape and assault. Contending the Complaint failed to state a cause of action, the defendant newspaper filed a motion for summary judgment. The trial court found there was no material issue of disputed fact and that the plaintiff failed to plead the minimum requirements to state any cause of action. The court also found that he sustained no damages. Finding no error we affirm." View opinion.
2. Betty Rose v. Cookeville Regional Medical Center; Jeffrey J. Gleason, M.D.; and Tina Ayers, M2007-02368-COA-R3-CV (Tenn. Ct. App. May 14, 2008).
The Court's Summary:
"This appeal arises from a claim for defamation brought by a terminated hospital employee against several parties, including a doctor who had allegedly made slanderous remarks about her work performance. The trial court granted the doctor’s motion to dismiss for failure to state a claim under Tenn. R. Civ. P. 12. Following the trial court’s dismissal of the case against the doctor, the plaintiff moved to alter or amend the order of dismissal and also moved for the trial judge’s recusal due to an alleged business relationship between the judge’s son and the defendant doctor. We agree that the complaint fails to state a claim for slander because it does not specify sufficiently the time and place of the alleged statements. We further conclude that the plaintiff’s motion to recuse was properly denied. Accordingly, we affirm the trial court’s dismissal and remand for further proceedings." View opinion.
The Court's Summary:
"The plaintiff appeals the summary dismissal of his defamation action against the defendant. The cause of action arose out of a newspaper article appearing in the defendant’s newspaper, which pertained to the criminal prosecution of the plaintiff on charges for aggravated rape and assault. Contending the Complaint failed to state a cause of action, the defendant newspaper filed a motion for summary judgment. The trial court found there was no material issue of disputed fact and that the plaintiff failed to plead the minimum requirements to state any cause of action. The court also found that he sustained no damages. Finding no error we affirm." View opinion.
2. Betty Rose v. Cookeville Regional Medical Center; Jeffrey J. Gleason, M.D.; and Tina Ayers, M2007-02368-COA-R3-CV (Tenn. Ct. App. May 14, 2008).
The Court's Summary:
"This appeal arises from a claim for defamation brought by a terminated hospital employee against several parties, including a doctor who had allegedly made slanderous remarks about her work performance. The trial court granted the doctor’s motion to dismiss for failure to state a claim under Tenn. R. Civ. P. 12. Following the trial court’s dismissal of the case against the doctor, the plaintiff moved to alter or amend the order of dismissal and also moved for the trial judge’s recusal due to an alleged business relationship between the judge’s son and the defendant doctor. We agree that the complaint fails to state a claim for slander because it does not specify sufficiently the time and place of the alleged statements. We further conclude that the plaintiff’s motion to recuse was properly denied. Accordingly, we affirm the trial court’s dismissal and remand for further proceedings." View opinion.