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.