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Nicholson v. Transit Management

Supreme Court of Louisiana
May 11, 2001
792 So. 2d 735 (La. 2001)

Opinion

No. 2001-C-0721

May 11, 2001.

IN RE: Transit Management/Southeast Louisiana D/B/A; R.T.A.; — Defendant(s); Applying for Writ of Certiorari and/or Review, Parish of Orleans, Civil District Court Div. J, Nos. 95-6751; to the Court of Appeal, Fourth Circuit, No. 2000-CA-0706


Denied. Result correct.

PFC

BJJ

JPV

CDT

JTK

PCC

KIMBALL, J., concurs. While the burden-shifting framework adopted by the court of appeal to analyze retaliatory discharge claims is not entirely accurate as it modifies the defendant's burden to one of proof, rather than one of production, once the plaintiff establishes her prima facie case, and lessens the requirement that the plaintiff at all times retain the burden of proving her case by a preponderance of the evidence, Texas Department of Community Affairs v. Burdine, 450 U.S. 248, 251-53, 101 S.Ct. 1089, 1092-95, 67 L.Ed.2d 207 (1981), the court of appeal's result is correct.


Summaries of

Nicholson v. Transit Management

Supreme Court of Louisiana
May 11, 2001
792 So. 2d 735 (La. 2001)
Case details for

Nicholson v. Transit Management

Case Details

Full title:SANDRA NICHOLSON v. TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, D/B/A R.T.A

Court:Supreme Court of Louisiana

Date published: May 11, 2001

Citations

792 So. 2d 735 (La. 2001)