4:23-cv-00906
N.D. Tex.Jan 24, 2025Background
- Thom Besso was hired as a recruiter by KeyCity Capital LLC in November 2021.
- In April 2022, Besso informed KeyCity about his prostate cancer diagnosis and pending treatment; by June 2022, he completed treatment and was in remission.
- Besso was involved in the company’s health insurance renewal process and believed his treatments led to increased premiums.
- He was terminated by KeyCity on October 26, 2022, with KeyCity citing other workplace conduct and performance reasons.
- Besso sued KeyCity and CEO Tie Lasater for defamation and violations of the ADA, after which Defendants moved for summary judgment and to strike two late-disclosed witness declarations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Motion to Strike Witness Declarations | Disputed declarations were crucial, late disclosure was harmless | Late disclosure was prejudicial, not justified or harmless | Granted: Declarations stricken for untimely disclosure |
| Defamation (Defamation Per Se) | Statements were defamation per se (injured profession, sexual nature) | Statements do not meet required categories for defamation | Granted: No defamation per se, summary judgment for Defs. |
| ADA Discrimination (Causation/Temporal) | Termination close in time to disability disclosure and insurance issues | No evidence of causal link, six-month gap too long | Granted: No prima facie case, summary judgment for Defs. |
Key Cases Cited
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (summary judgment standard)
- Turner v. KTRK Television, Inc., 38 S.W.3d 103 (defamation construed in context)
- In re Lipsky, 460 S.W.3d 579 (defamation per se as a legal question)
- Hancock v. Variyam, 400 S.W.3d 59 (defamation per se elements)
- McDonnell Douglas Corp. v. Green, 411 U.S. 792 (burden-shifting in discrimination cases)
- Bedford v. Spassoff, 520 S.W.3d 901 (prima facie case for defamation)