Terms Used In Tennessee Code > Title 29 > Chapter 41 - Abusive Civil Actions

• Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:
  (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101
• Abusive civil action plaintiff: means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter. See Tennessee Code 29-41-101
• Antifreeze: means any substance or preparation sold, distributed or intended for use as the cooling liquid or to be added to the cooling liquid in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point. See Tennessee Code 68-131-102
• Art supplies: includes :
  (A) Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. See Tennessee Code 68-131-303
• Bittering agent: means denatonium benzoate. See Tennessee Code 68-131-102
• Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
• Civil action defendant: means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter. See Tennessee Code 29-41-101
• Civil action party relationship: means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories:
  (A) Adults who are current or former spouses. See Tennessee Code 29-41-101
• Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
• Department: means the Tennessee department of agriculture. See Tennessee Code 68-131-102
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Harass or maliciously injure: means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to:
  (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless:

  (i) Punitive damages are requested and appropriate. See Tennessee Code 29-41-101
• Hazardous materials: includes :
  (A) Materials designated as hazardous by any governmental agency. See Tennessee Code 68-131-201
• Hazardous substance: means :
  (i) Any substance or mixture of substances that:

  (a) Is toxic. See Tennessee Code 68-131-102
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
• Person: includes any individual, partnership, corporation, association or other entity. See Tennessee Code 68-131-201
• Plaintiff: The person who files the complaint in a civil lawsuit.