Tennessee justices probe limits of anti‑SLAPP law in trustees’ malpractice suit against opposing lawyers

The Tennessee appellate court heard oral argument over whether the Tennessee Protection of Participation Act (TPPA) bars a trustees’ lawsuit that accuses opposing counsel of malpractice and deception in a long-running trust dispute.

The issue centers on two statutory provisions. Counsel for the trustees argued the suit targets malpractice — "the tort of another" — not protected petitioning activity, while lawyers for the defendants said the complaint is at least "related to" the trust lawsuits and therefore falls within the TPPA. Chief Justice Kirby and other justices repeatedly asked whether §104(a)’s "filed in response to" language is a gating requirement and how it fits with §105(a)’s broader "relates to" phrasing.

Why it matters: The court’s interpretation could determine whether a litigation‑related malpractice claim by third parties can be dismissed under Tennessee’s anti‑SLAPP procedure, potentially affecting access to a fast dismissal mechanism in cases where alleged torts and underlying litigation overlap.

At oral argument, David Wade, who said he represents the trustees (the Garners), told the court…