John Jay Hooker v. Phil Bredesen, et al. - Dissenting

The trial court specifically found that the complaint herein was “duplicative of matters already settled and litigated by rulings of superior courts.” Nonetheless, the court decided sanctions were not appropriate due to the ambiguity created by the Special Master’s determination the case could proceed under the order limiting the cases filed by the plaintiff. The majority opinion agrees that the lawsuit’s clearance under the screening order and the Attorney General’s failure to challenge the result of that screening justify the refusal to impose sanctions. Thus, the test applied by the trial court and the majority of this court is whether the complaint complied with the screening order.