By The Law Offices of John Day, P.C. on Jan 03, 2025 05:51 am
Plaintiff construction company should not have been allowed to file a deposition transcript related to its argument against dismissal under the TPPA after the TPPA hearing had concluded. In Kedalo Construction, LLC v. Ward, No. M2024-00224-COA-R3-CV (Tenn. Ct. App. Nov. 26, 2024), the plaintiff construction company and the defendant store owner disagreed about construction work done by the plaintiff pursuant to a contract between the parties. The defendant created a website and Facebook page detailing her experience with the plaintiff company, and she left multiple reviews online “accusing the company of misconduct,” including the theft of tiles. The plaintiff construction company filed this suit for defamation, and the defendant responded with a petition to dismiss under the TPPA. After substantial delays and a hearing, the trial court denied the petition to dismiss, ruling only that “Defendants [had] not met their burden.” On appeal, this ruling was reversed.
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