burden-shifting framework in Louisiana

2023Disparate impact 10 See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817, 1824-26 , 36 L.Ed.2d 668 (1973) (setting forth a three-part burden-shifting framework). 8 claims do not require proof of intent to discriminate; rather, “[such claims] focus on facially neutral employment practices that create such statistical disparities disadvantaging members of a protected group that they are ‘functionally equivalent to intentional discrimination.’” Munoz v. Orr, 200 F.3d 291, 299-300 (5th Cir. 2000) (quoting Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 987 , 108 S.Ct. 2777 ,

2023Disparate impact 10 See McDonnell Douglas Corp. v. Green, 411 U.S. 792, 802-05 , 93 S.Ct. 1817, 1824-26 , 36 L.Ed.2d 668 (1973) (setting forth a three-part burden-shifting framework). 8 claims do not require proof of intent to discriminate; rather, “[such claims] focus on facially neutral employment practices that create such statistical disparities disadvantaging members of a protected group that they are ‘functionally equivalent to intentional discrimination.’” Munoz v. Orr, 200 F.3d 291, 299-300 (5th Cir. 2000) (quoting Watson v. Fort Worth Bank & Trust, 487 U.S. 977, 987 , 108 S.Ct. 2777 ,

2001While 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.

2001While 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.

2023Id. 6 When reviewing the granting of a summary judgment motion to dismiss an individual’s age discrimination claims based on circumstantial evidence, courts employ the burden-shifting framework established in McDonnell Douglas Corp. v. Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), which is as follows: First, the employee must prove a prima facie case of discrimination.

2022Robinson v. Board of Supervisors for University of Louisiana System, 2016-2145 (La. 6/29/17), 225 So. 3d 424, 431 .

2022App. 3 Cir. 3/8/95), 653 So.2d 620 , for the proposition that the burden-shifting standard as set forth in Jenkins is also applicable in legal malpractice cases involving appeals.4 In response, Defendants argue that this case does not trigger the burden shifting doctrine as set forth in Jenkins.

2022Co., 2011-0303 (La. 10/25/11), 74 So.3d 1173 , and argue that the burden shifting doctrine does not apply when the client proves negligence and/or some loss without also showing that the client was harmed by a bad outcome with the loss of an opportunity for recovery.

2019App. 2 Cir. 5/16/03), 847 So.2d 225 , 231 (relying on California jurisprudence interpreting California's anti-SLAPP statute as support for the two-part burden-shifting analysis later discussed in Shelton ), judgment vacated on other grounds , 03-2013 (La. 11/14/03), 860 So.2d 535 .

2019California jurisprudence has expressly upheld the statutory stay of discovery as constitutional, precisely "because the statute permits a plaintiff to seek discovery by filing a motion and showing good cause." Lafayette Morehouse, Inc. v. Chronicle Publ'g Co. , 37 Cal. App. 4th 855 , 867, 44 Cal. Rptr. 2d 46 , 53 (1995).

2019California jurisprudence has expressly upheld the statutory stay of discovery as constitutional, precisely "because the statute permits a plaintiff to seek discovery by filing a motion and showing good cause." Lafayette Morehouse, Inc. v. Chronicle Publ'g Co. , 37 Cal. App. 4th 855 , 867, 44 Cal. Rptr. 2d 46 , 53 (1995).

2019App. 2 Cir. 5/16/03), 847 So.2d 225 , 231 (relying on California jurisprudence interpreting California's anti-SLAPP statute as support for the two-part burden-shifting analysis later discussed in Shelton ), judgment vacated on other grounds , 03-2013 (La. 11/14/03), 860 So.2d 535 .

2017The Defendant having met his burden to prove his statements involved matters of public interest and included matters which had been presented in judicial forums, the burden now shifts to Saucier to “demonstrate a probability of success on his claim.” Henry, 566 F.3d at 170 : •Article 971 establishes a burden-shifting analysis for weeding out frivolous claims.

2017If this burden is 6 met, the burden then shifts to the plaintiff to demonstrate a probability of success on the claim.” Id.

2017If this burden is met, the burden then shifts to the plaintiff to demonstrate a probability of success on the claim." Id.

2015Thomas v. City of Monroe Louisiana, 36,526 (La.App. 2 Cir. 12/18/02), 833 So.2d 1282 ; Aymond v. Dupree, 05-1248 (La.App. 3 Cir. 04/12/06) , 928 So.2d 721 .

2015Thomas v. City of Monroe Louisiana, 36,526 (La.App. 2 Cir. 12/18/02), 833 So.2d 1282 ; Aymond v. Dupree, 05-1248 (La.App. 3 Cir. 04/12/06) , 928 So.2d 721 .

2012Seagrave, 908 So.2d at 45 .

2011Rejecting the Swain evidentiary formulation as inconsistent with standards developed since its rendition for assessing a prima facie case under the Equal Protection Clause, 476 U.S. at 93 , 106 S.Ct. at 1721, the Court overruled Swain’s requirement of systemic exclusion, announcing in its place a three-step burden-shifting framework to be employed in evaluating an equal protection challenge to the prosecutor’s use of a peremptory strike.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Wimberly v. Gatch, 93-2361 (La.4/11/94), 635 So.2d 206 ; Lima v. Schmidt, 595 So.2d 624 (La.1992); Sun Oil Co. v. Tarver, 219 La. 103 , 52 So.2d 437 (1951) (setting forth as the well-settled rule that a party relying upon interruption or suspension of prescription bears the burden of proof); White v. Davis, 169 La. 101 , 124 So. 186 (1929); Manders v. Irwin, 118 La. 1048 , 43 So. 698 (1907) (stating that "the plea of prescription admits the debt, except in so far as prescribed.

2008Alternatively, the defendant argues that if the state met its initial burden, then the *813 defendant would be left with an impossible task under the burden-shifting framework of State v. Shelton, 621 So.2d 769 (La. 1993).