Supreme Court of Louisiana, 2001

Nicholson v. Transit Management of Southeast Louisiana

Nicholson v. Transit Management of Southeast Louisiana
Supreme Court of Louisiana · Decided May 11, 2001 · Kimball
792 So. 2d 735; 2001 La. LEXIS 1313 (Southern Reporter, Second Series)

Nicholson v. Transit Management of Southeast Louisiana

Opinion of the Court

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, No. 95-6751; to the Court of Appeal, Fourth Circuit, No. 2000-CA-0706.

Denied. Result correct.

Concurring Opinion

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.

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