ExxonMobil Pipeline Company, Robert W. Caudle and Ricky Stowe v. Travis G. Coleman
464 S.W.3d 841
| Tex. App. | 2015Background
- Coleman worked as a terminal technician for ExxonMobil in Irving, Texas (Aug 2010–Nov 2012) and was responsible for gauging tanks, including tank 7840.
- Coleman was fired after an investigation into his alleged failure to gauge tank 7840 on Aug 20, 2012.
- Caudle (supervisor) and Stowe (terminal superintendent) sent internal communications questioning Coleman’s performance, including Near Loss and inventory sheets.
- Coleman sued Exxon and the two supervisors for defamation and related torts (civil conspiracy, tortious interference, business disparagement).
- Exxon and the supervisors moved to dismiss under the Texas Citizens Participation Act (chapter 27).
- The trial court denied the motion; the court of appeals affirmed, holding the Act did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the TCPA applies to private internal communications | Coleman—no public concern, not protected by Act | Exxon—communications related to speech/association within Act | TCPA does not apply |
| Whether the statements involve a public concern under free-speech prong | Communications relate to job performance; no public concern | Statements implicate health, safety, environment, and economics | Not a matter of public concern; free-speech prong not met |
| Whether the statements involve the right of association | Not applicable; private employment matter | Communications among employees show association | No public-participation nexus; right of association not invoked |
| If Act applies, whether Coleman can establish prima facie claims | Coleman can prove essential elements | Defenses established; no prima facie showings | Not reached; Act not applicable |
Key Cases Cited
- Pickens v. Cordia, 433 S.W.3d 179 (Tex. App.—Dallas 2014) (standard for applying the Act; de novo review cited)
- Am. Heritage Capital, LP v. Gonzalez, 436 S.W.3d 865 (Tex. App.—Dallas 2014) (anti-SLAPP framework summary dismissal goals)
- Cheniere Energy, Inc. v. Lotfi, 449 S.W.3d 210 (Tex. App.—Houston [1st Dist.] 2014) (private employment disputes; public-participation nexus discussed)
- Burbage v. Burbage, 447 S.W.3d 249 (Tex. 2014) (common-interest privilege; defamation defense relevance not dispositive for Act applicability)
- Randall's Food Markets, Inc. v. Johnson, 891 S.W.2d 640 (Tex. 1995) (privilege/defenses context relevant to communications between colleagues)