585 S.W.3d 625
Tex. App.2019Background
- Plaintiff Whitney Kelley Mahana, a nurse anesthetist, sued her former employer U.S. Anesthesia Partners for intentional infliction of emotional distress based on texts and rumors that she tested positive for illegal drugs and was a "drug addict."
- Mahana alleged supervisors and coworkers circulated texts saying she had tested positive for opiates and controlled substances the day she reported for work.
- Mahana pleaded the communications were false and malicious; at the TCPA step-one stage the court must accept those pleaded facts as true.
- The central legal question is whether those communications "relate to a matter of public concern" (e.g., public health, safety, community well‑being) under the Texas Citizens Participation Act (TCPA).
- The panel majority held the statements did not at least tangentially relate to public health/safety, so the TCPA did not apply; Justice Whitehill dissented from the denial of en banc review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether texts accusing a nurse anesthetist of drug use/test positivity "relate to a matter of public concern" under TCPA step one | Statements about a nurse anesthetist testing positive for illegal drugs and being a "drug addict" directly (at least tangentially) implicate public health, patient safety, and community well‑being | Such statements do not implicate public health/safety unless they allege on‑the‑job illegal drug use or impairment affecting job performance | Dissent: the panel majority held the statements did not relate to public concern; Justice Whitehill argues that ruling conflicts with precedent and is incorrect (would find TCPA step one satisfied) |
Key Cases Cited
- Lippincott v. Whisenhunt, 462 S.W.3d 507 (Tex. 2015) (per curiam) (TCPA requires only a tangential relationship to matters of public concern)
- ExxonMobil Pipeline Co. v. Coleman, 512 S.W.3d 895 (Tex. 2017) (per curiam) (same; defines "matter of public concern" standard)
- Hersh v. Tatum, 526 S.W.3d 462 (Tex. 2017) (pleaded facts are accepted as true at TCPA step one)
- Watson v. Hardman, 497 S.W.3d 601 (Tex. App.—Dallas 2016, no pet.) (statements accusing criminal or wrongful conduct implicate community well‑being)