Legal Opinion

Allen v. Pelican

Louisiana Court of Appeal

Decided March 14, 2018No. 2017–CA–0833PublishedCited by 4 opinions

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

  1. Miccol Enterprises, Inc. v. City of New OrleansLouisiana Court of Appeal · 2012
  2. Bass Partnership v. FortmayerLouisiana Court of Appeal · 2005
  3. Crawford v. City of New OrleansLouisiana Court of Appeal · 2002

3Cited by4 opinions

  1. Anthony T. Straughter, Deron Alexander and Russell Bickham v. Occidental Fire & Casualty Company of North Carolina, the Trinity System Inc., and Aaron Matthew WhiteLouisiana Court of Appeal · 2024
  2. Eva James Irving v. Our Lady of Wisdom Health CenterLouisiana Court of Appeal · 2025
  3. Marilyn Cutrone v. English Turn Property Owners Association, Inc. and Nationwide Mutual Insurance CompanyLouisiana Court of Appeal · 2020
  4. Marilyn Cutrone v. English Turn Property Owners Association, Inc. and Nationwide Mutual Insurance CompanyLouisiana Court of Appeal · 2020

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