Allen v. Pelican
Louisiana Court of Appeal
1Opinion of the Court
In addressing a prematurity claim, this court has identified the following five factors to be considered:
• Whether the party was ready to go to trial;
*379• Whether the party indicated what additional discovery was needed;
• Whether the party took any steps to conduct additional discovery during the period between the filing of the motion and the hearing on it;
• Whether the discovery issue was raised in the trial court before the entry of the summary judgment; and• Whether discovery has been hindered by a circumstance beyond an opponent's control.
Schultz , 17-0165 at p. 8 (La. App. 4 Cir. 1/31/18),…
2Cases cited3 opinions
- Miccol Enterprises, Inc. v. City of New OrleansLouisiana Court of Appeal · 2012
- Bass Partnership v. FortmayerLouisiana Court of Appeal · 2005
- Crawford v. City of New OrleansLouisiana Court of Appeal · 2002
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