Malone-Watson v. Strategic Restaurants

hi agree that Strategic proved its entitlement to summary judgment and that he judgment should be affirmed. I write separately to clarify the summary judgment standard and applicable standard of review, and to expressly disagree with the comments made in Footnote 1.

I find no basis for interpreting Louisiana Code of Civil Procedure article 966(F)(2) to authorize credibility determinations in deciding motions for summary judgment, as is suggested in Footnote 1. After its amendment by Acts 2013, Number 391, Section 1, Article 966(F)(2) pertinently provides that “[ejvidence cited in and attached…