Nashville, Tenn. - The Tennessee Supreme Court has two cases set for its April 9, 2025, docket in Jackson, Tennessee. The two cases are related actions involving similar legal issues. The cases will be heard at the Tennessee Supreme Court building in Jackson, beginning at 9:00 a.m. CST, and livestreamed to the TNCourts YouTube page.
The details of the cases are as follows:
• Alan C. Cartwright v. Thomason Hendrix, P.C., et al. – This case arises from a legal malpractice lawsuit brought by Plaintiff Alan Cartwright against his former attorneys, Jerry Mitchell and Justin Mitchell, along with their law firms. The Defendants had represented Mr. Cartwright in a series of unsuccessful lawsuits involving the administration of Mr. Cartwright’s trust. Mr. Cartwright alleged that the Defendants needlessly prolonged the trust litigation by filing meritless claims in order to increase their legal fees. In response to the complaint, the Defendants filed a petition to dismiss under the Tennessee Public Participation Act (TPPA), asserting that Mr. Cartwright’s claims involved the right to petition as protected by the TPPA. Mr. Cartwright opposed the petition, arguing that the TPPA does not apply to the filing of a lawsuit on behalf of a client. The trial court agreed with Mr. Cartwright and denied the Defendants’ TPPA petition to dismiss on the grounds that the TPPA does not cover legal malpractice claims. The Defendants appealed, and the Court of Appeals reversed. The Court of Appeals determined that legal malpractice claims are not categorically excluded from the TPPA and that the Defendants had met their burden to establish that the complaint related to the attorneys’ protected petitioning activity. The Tennessee Supreme Court granted Mr. Cartwright’s application for permission to appeal to determine whether the TPPA applies to legal malpractice actions that are based upon the filing of a lawsuit.
• Alice Cartwright Garner et al. v. Thomason, Hendrix, Harvey, Johnson & Mitchell, PLLC, et al. – This case arises from a series of lawsuits involving Plaintiff Alice Cartwright Garner’s administration of a trust created for the benefit of her brother, Alan Cartwright. After the trust litigation concluded in Ms. Garner’s favor, Ms. Garner filed a complaint against Mr. Cartwright’s former attorneys and their law firms, alleging that the Defendants had depleted the trust assets by needlessly prolonging the litigation with meritless lawsuits. In response to the complaint, the Defendants filed a petition to dismiss under the Tennessee Public Participation Act (TPPA), asserting that Ms. Garner’s tort claims involved the right to petition as protected by the TPPA. Ms. Garner opposed the petition, arguing that the TPPA does not apply to the filing of a lawsuit on behalf of a client. The trial court agreed with Ms. Garner and denied the Defendants’ TPPA petition to dismiss on the grounds that the TPPA does not cover claims that are based upon an attorney acting contrary to his client’s interests. The Defendants appealed, and the Court of Appeals reversed. The Court of Appeals determined that the claims at issue are not categorically excluded from the TPPA and that the Defendants had met their burden to establish that the complaint related to the attorneys’ protected petitioning activity. The Tennessee Supreme Court granted Ms. Garner’s application for permission to appeal to determine whether the TPPA applies to tort actions that are based upon the filing of a lawsuit.
Media members planning to attend oral arguments should review Supreme Court Rule 30 and file any required requests to:
Samantha Fisher
Communications Director
Administrative Office of the Courts
Samantha.fisher@tncourts.gov
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