Legal Opinion · Concurrence

Alex Friedmann v. Marshall County, TN

Court of Appeals of Tennessee

Decided June 24, 2015No. M2014-01413-COA-R3-CVPublished

1Concurrence

BRANDON 0. GIBSON, J.,

concurring.

I concur with the majority Opinion’s ruling, but .1 write separately to address only the attorneys’ fee issue. Over the years, two schools of thought apparently-developed regarding the “willfulness” standard under the Public Records Act attorneys’ fee provision. TenmCode Ann. 10-7-505(g). One school of thought adoptéd the Black’s Law Dictionary definition of bad faith, which includes phrases like “the conscious doing of a wrong,” “dishonest purpose,” and “moral obliquity.” See Capital Case Res. Ctr. of Tenn., Inc. v. Woodall, No. 01-A01-9104-CH-00150, 1992 WL…

2Cases cited3 opinions

  1. Arnold v. City of ChattanoogaCourt of Appeals of Tennessee · 1999
  2. Schneider v. City of JacksonTennessee Supreme Court · 2007
  3. Thomas Greer v. City of Memphis, TennesseeCourt of Appeals of Tennessee · 2010

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