Nicholson v. Transit Management of Southeast Louisiana
This text of 792 So. 2d 735 (Nicholson v. Transit Management of Southeast Louisiana) is published on Counsel Stack Legal Research, covering Supreme Court of Louisiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Sandra NICHOLSON
v.
TRANSIT MANAGEMENT OF SOUTHEAST LOUISIANA, d/b/a R.T.A.
Supreme Court of Louisiana.
Denied. Result correct.
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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792 So. 2d 735, 2001 WL 583156, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nicholson-v-transit-management-of-southeast-louisiana-la-2001.