Appeals Court Rules In Favor Of Rep. Fleischmann In Mark Winslow Lawsuit

Friday, October 23, 2015

The Tennessee Court of Appeals has upheld the dismissal of a lawsuit brought against Congressman Chuck Fleischmann by former state GOP chief of staff Mark Winslow.

The lawsuit accused the state GOP of leaking confidential information in an attempt to hinder the campaign of former chairwoman Robin Smith’s for the 3rd District seat in Congress in 2010.

The complaint also charged that Rep. Fleischmann and advisor Chip Saltsman defamed Mr. Winslow in a TV ad that accused Ms. Smith of paying out “lavish bonuses” to Mr. Winslow and other staff members.

Mr. Fleischmann gained a narrow victory over Ms. Smith in the election, and he went on to win subsequent terms in 2012 and 2014.

The state GOP reached a settlement with Mr. Winslow.

The appeals court said, "Mark Winslow brought suit against Charles Fleischmann and his campaign advertising consultant, John Saltsman, to recover for allegedly false and defamatory statements made in the course of Mr. Fleishman?s campaign for election to the United States Congress, and related contractual claims. Mr. Fleishman and Mr. Saltsman moved for summary judgment on the grounds that the statements were not false or capable of defamatory meaning or published with actual malice, and that they took no action to induce a breach of contract or otherwise interfere with the relationship between Mr. Winslow and the Tennessee Republican Party.

"Mr. Winslow did not contest the grant of summary judgment on the contract claims; the trial court granted the motion as to the defamation and false light claims, holding that there was no evidence from which to infer malice, that the statements were not defamatory or capable of a defamatory meaning, and that any statements upon which the action was based which related to Mr. Winslow were either true or substantially true and, therefore, not actionable. Mr. Winslow appeals.

"Because Mr. Fleishman and Mr. Saltsman demonstrated that the undisputed facts negate the element of actual malice which is essential to the defamation and false light claims, we affirm the trial court?s grant of summary judgment."


Latest Hamilton County Arrest Report

6th Circuit Full Panel Will Hear 48-Hour Abortion Waiting Period Case

Police Blotter: Car Not Stolen After All (Woman Just Went To The Store); New Smart Stove Must Have Been Programmed To Smoke


Here is the latest Hamilton County arrest report: ARMSTRONG, DONOVAN 18 MEADOWBROOK DR APT 4 RED BANK, 37415 Age at Arrest: 25 years old Arresting Agency: Red Bank FALSE IMPRISONMENT ... (click for more)

The U.S. Sixth Circuit Court of Appeals has granted the state of Tennessee's petition for an en banc appeal of an earlier decision by the Appeals Court to uphold the injunction against Tennessee’s ... (click for more)

A man on Delores Drive called police about a possible auto theft. However, when police arrived and spoke with the man and a woman, they found that the man had been sleeping and the woman took ... (click for more)



Breaking News

Latest Hamilton County Arrest Report

Here is the latest Hamilton County arrest report: ARMSTRONG, DONOVAN 18 MEADOWBROOK DR APT 4 RED BANK, 37415 Age at Arrest: 25 years old Arresting Agency: Red Bank FALSE IMPRISONMENT DOMESTIC ASSAULT --- BLEVINS, TABITHA N 2083 BURNT MILL RD FLINTSTONE, 30725 Age at Arrest: 35 years old Arresting Agency: East Ridge POSSESSION OF METH POSSESSION OF CONTROLLED ... (click for more)

6th Circuit Full Panel Will Hear 48-Hour Abortion Waiting Period Case

The U.S. Sixth Circuit Court of Appeals has granted the state of Tennessee's petition for an en banc appeal of an earlier decision by the Appeals Court to uphold the injunction against Tennessee’s 48-hour waiting period with regard to abortions. The en banc appeal will allow for the full panel of judges to decide on the merits of the case instead of the usual three-judge panel. ... (click for more)

Opinion

The Migrant Children Should Be Welcomed With Open Arms

My greatest concern for the migrant children is they don't be mistreated or abused. Being separated from their families must be traumatic enough. They don't deserve the added trauma of being mistreated and abused. They should be welcomed with open arms. Don't worry about our own precious children. They'll get to be exposed to another language, another culture. Children ... (click for more)

Roy Exum: A ‘Full Throttle’ Finish

Alabama football coach Bear Bryant had a pre-game ritual where just before a game, he’d take his quarterbacks on a short walk around the courthouse square in whatever town the Tide was playing. Bryant wouldn’t say much, and the players wouldn’t say a word unless they were called on. The first time Joe Namath took the fabled walk, he purposefully trailed Coach by a step or two. Bryant ... (click for more)

Sports

Soddy Daisy Native Jessica Combs Featured By Austin Peay Alumni Association

Hixson native Jessica Combs was recently honored by the Austin Peay Alumni Association in an Alumni Spotlight article. Upon her graduation in 2016, Combs became a member of the Ladies Professional Golf Association (LPGA) as a teaching pro and club professional. In 2019 APSU athletic director Gerald Harrison announced Combs would be returning to the school as its sixth head women’s ... (click for more)

Future Plans Factor Into Madison Hayes' Move To Wolfpack

Former McDonald’s All-American and SEC All-Freshman selection Madison Hayes transferred from Mississippi State to NC State for a plethora of reasons, not all of them related to basketball. The former East Hamilton superstar guard averaged 4.7 points and 4.7 rebounds for the Bulldogs as a spot starter before entering her name into the transfer portal after the season. The Chattanooga ... (click for more)