124 Louisiana opinions name it 2 courts 1925–2024 8 in the last five years
The cases below were cited by Louisiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Guitreau v. Kucharchukgreen2 sentences2013Guitreau v. Kucharchuk, 99-2570 (La.5/16/00), 763 So.2d 575 ; Chesne v. Mayeaux, 03-570 (La.App. 3 Cir. 11/5/03) , 865 So.2d 766 . 2012See Guitreau v. Kucharchuk, 99-2570, p. 8 (La.5/16/00), 763 So.2d 575, 580-81 , citing Stobart v. State of Louisiana, through Department of Transportation and Development, 92-1328 (La.4/12/93), 617 So.2d 880 . | 6 | 8 |
Stobart v. State Through DOTDgreen2 sentences2012See Guitreau v. Kucharchuk, 99-2570, p. 8 (La.5/16/00), 763 So.2d 575, 580-81 , citing Stobart v. State of Louisiana, through Department of Transportation and Development, 92-1328 (La.4/12/93), 617 So.2d 880 . 2006Chesne v. Mayeaux, 03-0570 (La.App. 3 Cir. 11/5/03) , 865 So.2d 766 ; see also Guitreau v. Kucharchuk, 99-2570 (La.5/16/00), 763 So.2d 575 (citing Stobart v. State of Louisiana, Through Dep’t of Transp. & Dev., 92-1328 (La.1993), 617 So.2d 880 ). | 5 | 6 |
Kyle v. Civil Service Com'ngreen2 sentences2009Kyle v. Civil Service Commission, 588 So.2d 1154, 1159 (La. 1997LSA-C.C.P. art. 891; Kyle v. Civil Service Commission, 588 So.2d 1154, 1159 (La.App. 1st Cir.1991), writ denied, 595 So.2d 654 (La.1992). | 2 | 3 |
N. Clark, L.L.C. v. Chisesigreen2 sentences2019N. Clark , 16-0599, pp. 5-6, 206 So.3d at 1016-17 (internal quotation marks and citations omitted). 2019N. Clark , 16-0599, pp. 5-6, 206 So.3d at 1016-17 (internal quotation marks and citations omitted). | 2 | 2 |
State v. Pettusgreen2 sentences2011Recently, in State v. Pettus, 10-742 (La.App. 5 Cir. 5/24/11) , 66 So.3d 1192 , this Court, which pretermitted discussion of the underlying facts and the defendant’s assignments of error where an error patent required vacating a sentence and remand, explained the following: Most recently, when faced with the lack of a ruling on defense motions for new trial and post verdict judgment of acquittal, this Court has returned to Randolph and, without addressing the merits of ^defendant’s assignments of error, vacated the defendant’s sentence and remanded for rulings on the motions, reserving to the 2011Recently, in State v. Pettus, 10-742 (La.App. 5 Cir. 5/24/11) , 66 So.3d 1192 , this Court, which pretermitted discussion of the underlying facts and the defendant’s assignments of error where an error patent required vacating a sentence and remand, explained the following: Most recently, when faced with the lack of a ruling on defense motions for new trial and post verdict judgment of acquittal, this Court has returned to Randolph and, without addressing the merits of ^defendant’s assignments of error, vacated the defendant’s sentence and remanded for rulings on the motions, reserving to the | 2 | 2 |
Tyson v. THOMPSON HOME HEALTHgreen2 sentences2017Appellate review of a ruling on an exception of no right of action “should focus on whether the particular plaintiff has a right to bring the suit and is a member of the class of persons that has a legal interest in the subject matter of the litigation, assuming the petition states a valid cause of action for some person.” Eagle Pipe and Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2272, 10-2275, 10-2279, 10-2289, p. 7 (La. 10/25/11), 79 So.3d 246 , 256. 2015Id. laOur supreme court has instructed us that when an appellate court reviews a ruling on an exception of no right of action, it “should focus on whether the particular plaintiff has a right to bring the suit and is a member of the class of persons that has a legal interest in the subject matter of the litigation, assuming the petition states a valid cause of action for some person.” Eagle Pipe and Supply, Inc. v. Amerada Hess Corp., 10-2267, p. 7 (La.10/25/11), 79 So.3d 246, 256 . | 1 | 5 |
State v. Sewardgreen2 sentences1999Though an appellate court may consider evidence received at a trial when determining whether a ruling on a defense motion to suppress was correct, the jurisprudence is unclear as to whether it can rely on the testimony adduced at a preliminary hearing conducted pursuant to La.C.Cr.P. art. 291 et seq. [2] State v. Seward, 509 So.2d 413 (La.1987); State v. Brooks, 505 So.2d 714 (La.1987); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ den. 523 So.2d 231 (La.1988). 1998State v. Seward, 509 So.2d 413 (La.1987); State v. Scott, 573 So.2d 556 (La.App. 5th Cir.1991). | 1 | 4 |
Delta Bank & Trust Co. v. Lassitergreen2 sentences1984(The only property listed as missing is alleged to belong to HECMAC.) As stated in Delta Bank & Trust Co. v. Lassiter, 383 So.2d 330 (La.1980), "* * * Although the correctness of the plaintiff's well pleaded allegations of fact is assumed, the correctness of its conclusions of law is not conceded for purposes of a ruling on an exception of no cause of action. * * * "C.C.P. 891 provides that a petition `shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based ...' From that language it is clear that a court 1984(The only property listed as missing is alleged to belong to HECMAC.) As stated in Delta Bank & Trust Co. v. Lassiter, 383 So.2d 330 (La.1980), "* * * Although the correctness of the plaintiff's well pleaded allegations of fact is assumed, the correctness of its conclusions of law is not conceded for purposes of a ruling on an exception of no cause of action. * * * "C.C.P. 891 provides that a petition `shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based ...' From that language it is clear that a court | 1 | 4 |
State v. Poolegreen2 sentences1929In State v. Poole, 156 La. 434 , 100 So. 613 , we held that a bill of exception which does not show that the trial judge was asked for a ruling and an exception taken to such ruling, when made, presents nothing for the consideration of an appellate court. 1929In State v. Poole, 156 La. 434 , 100 So. 613 , we held that a bill of exception which does not show that the trial judge was asked for a ruling and an exception taken to such ruling, when made, presents nothing for the consideration of an appellate court. | 1 | 4 |
Succession of Markhamgreen2 sentences1949See Succession of Markham, 180 La. 211 , 214, 156 So. 225 , 227, in which the Supreme Court said: "* * * The rulings on all such exceptions may be considered on appeal without reference as to whether the party, desiring a review of the ruling on the exception, has himself appealed or has filed an answer to the appeal of the opposite party. 1949See Succession of Markham, 180 La. 211 , 214, 156 So. 225 , 227, in which the Supreme Court said: "* * * The rulings on all such exceptions may be considered on appeal without reference as to whether the party, desiring a review of the ruling on the exception, has himself appealed or has filed an answer to the appeal of the opposite party. | 1 | 2 |
| State v. Allengreen | 1 | 1 |
| Roy Bufkin, Jr. v. Felipe's Louisiana, LLCgreen | 1 | 1 |
| Morgan v. Illinoisgreen | 1 | 1 |
| City of Baton Rouge v. Smuggy's Corp.green | 1 | 1 |
| Wilkerson v. Burasgreen | 1 | 1 |
| Slaughter v. ARCO Chemical Companygreen | 1 | 1 |
| Compensation Specialties, L.L.C. v. New England Mutual Life Insurance Co.green | 1 | 1 |
| State v. Stricklandgreen | 1 | 1 |
| Domino v. Striplengreen | 1 | 1 |
| Scheffler v. Adams and Reese, LLPgreen | 1 | 1 |
| State v. Pearsongreen | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Medicus v. Scott
green
2 sentences2015Floyd v. City of Bossier City, 38,187 (La.App.2d Cir.3/5/04), 867 So.2d 993 ; Medians v. Scott, 32,326 (La.App.2d Cir.9/22/99), 744 So.2d 192 . 2014Floyd v. City of Bossier City, 38,187 (La.App.2d Cir.3/5/04), 867 So.2d 993 , citing Medicus v. Scott, 32,326 (La.App.2d Cir.9/22/99), 744 So.2d 192 . | 7 | 2002–2015 |
Floyd v. City of Bossier City
green
2 sentences2015Floyd v. City of Bossier City, 38,187 (La.App.2d Cir.3/5/04), 867 So.2d 993 ; Medians v. Scott, 32,326 (La.App.2d Cir.9/22/99), 744 So.2d 192 . 2014Floyd v. City of Bossier City, 38,187 (La.App.2d Cir.3/5/04), 867 So.2d 993 , citing Medicus v. Scott, 32,326 (La.App.2d Cir.9/22/99), 744 So.2d 192 . | 5 | 2007–2015 |
Chesne v. Mayeaux
neutral
2 sentences2013Guitreau v. Kucharchuk, 99-2570 (La.5/16/00), 763 So.2d 575 ; Chesne v. Mayeaux, 03-570 (La.App. 3 Cir. 11/5/03) , 865 So.2d 766 . 2006Chesne v. Mayeaux, 03-0570 (La.App. 3 Cir. 11/5/03) , 865 So.2d 766 ; see also Guitreau v. Kucharchuk, 99-2570 (La.5/16/00), 763 So.2d 575 (citing Stobart v. State of Louisiana, Through Dep’t of Transp. & Dev., 92-1328 (La.1993), 617 So.2d 880 ). | 5 | 2005–2013 |
In re Medical Review Panel for the Claim of Dede
green
2 sentences2019In that context, "a ruling on an exception of prescription should occur prior to the completion of the medical review panel since the exception, if meritorious, would dissolve the medical review panel." Id. , 98-0830, p. 2 (La. 2019In that context, "a ruling on an exception of prescription should occur prior to the completion of the medical review panel since the exception, if meritorious, would dissolve the medical review panel." Id. , 98-0830, p. 2 (La. | 4 | 1999–2020 |
Trumbaturi v. Katz & Besthoff, Ltd.
green
2 sentences1987Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 6 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). ‘C.C.P. [Art.] 891 provides that a petition “shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based....” From that language it is clear that a court when considering an exception of no cause of action must consider only the facts alleged by the plaintiff, and that a mere statement of a conclusion of law will not s 1985Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 16 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). | 4 | 1980–1987 |
Federal Land Bank v. Mulhern
green
2 sentences1987Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 6 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). ‘C.C.P. [Art.] 891 provides that a petition “shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based....” From that language it is clear that a court when considering an exception of no cause of action must consider only the facts alleged by the plaintiff, and that a mere statement of a conclusion of law will not s 1987Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 6 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). ‘C.C.P. [Art.] 891 provides that a petition “shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based....” From that language it is clear that a court when considering an exception of no cause of action must consider only the facts alleged by the plaintiff, and that a mere statement of a conclusion of law will not s | 4 | 1980–1987 |
Breaux v. Laird
green
2 sentences1987Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 6 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). ‘C.C.P. [Art.] 891 provides that a petition “shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based....” From that language it is clear that a court when considering an exception of no cause of action must consider only the facts alleged by the plaintiff, and that a mere statement of a conclusion of law will not s 1987Breaux v. Laird, 223 La. 446 , 65 So.2d 907 (1953); Trumbaturi v. Katz & Besthoff, 180 La. 915 , 158 So. 6 (1934); Federal Land Bank of New Orleans v. Mulhern, 180 La. 627 , 157 So. 370 (1934). ‘C.C.P. [Art.] 891 provides that a petition “shall contain a short, clear, and concise statement of the object of the demand and of the material facts upon which the cause of action is based....” From that language it is clear that a court when considering an exception of no cause of action must consider only the facts alleged by the plaintiff, and that a mere statement of a conclusion of law will not s | 4 | 1980–1987 |
King v. LSU Health Sciences Center
green
2 sentences2015Dogans, 142 So.3d at 24-25 ; King, 878 So.2d at 546-47 . 2015Dogans, 142 So.3d at 24-25 ; King, 878 So.2d at 546-47 . | 3 | 2014–2015 |
Hood v. Cotter
green
2 sentences2014DISCUSSION Exception of No Right of Action — Pa ternity The supreme court explained the appellate review of a ruling on an exception of no right of action in Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2272, 10-2275, 10-2279, 202289, pp. 6-7 (La.10/25/11), 79 So.3d 246 , 255-56: “The function of the exception of no right of action is to determine whether the plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the suit.” Hood v. Cotter, 2008-0215, p. 17 (La.12/2/08), 5 So.3d 819, 829 . 2013The supreme court explained the appellate review of a ruling on an exception of no right of action in Eagle Pipe & Supply, Inc. v. Amerada Hess Corp., 10-2267, 10-2272, 10-2275, 10-2279, 20-2289, pp. 6-7 (La.10/25/11), 79 So.3d 246 , 255-56: “The function of the exception of no right of action is to determine whether the plaintiff belongs to the class of persons to whom the law grants the cause of action asserted in the suit.” Hood v. Cotter, 2008-0215, p. 17 (La.12/2/08), 5 So.3d 819, 829 . | 3 | 2012–2014 |
Camsoft Data Systems, Inc. v. Southern Electronics Supply, Inc.
green
2 sentences2024CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., 2015- 1260, p. 12 ( La.App. 1 Cir. 9/ 23/ 15), 182 So. 3d 1009, 1016 . 2022CamSoft Data Systems, Inc. v. Southern Electronics Supply, Inc., 15- 1260, p. 12 ( La.App. 1 Cir. 9/ 23/ 15), 182 So. 3d 1009, 1016 . | 2 | 2022–2024 |
State v. Thompson
green
2 sentences2019App. 4 Cir. 11/23/16), 204 So.3d 1019 , 1029. 2019App. 4 Cir. 11/23/16), 204 So.3d 1019 , 1029. | 2 | 2019–2019 |
Lambert v. RIVERBOAT GAMING ENFORC. DIV.
green
2 sentences2015Lambert v. Riverboat Gaming Enforcement Div., 96-1856 (La.App. 1 Cir. 12/29/97) , 706 So.2d 172, 175 , writ denied, 98-0297 (La.3/20/98), 715 So.2d 1221 . 2002Lambert, 706 So.2d at 175 . | 2 | 2002–2015 |
Dogans v. Department of Revenue
green
2 sentences2015Dogans, 142 So.3d at 24-25 ; King, 878 So.2d at 546-47 . 2015Dogans, 142 So.3d at 24-25 ; King, 878 So.2d at 546-47 . | 2 | 2015–2015 |
Ramirez v. Department of Social Services
green
2 sentences2014King, 878 So.2d at 546-547 ; Ramirez, 603 So.2d at 798 . 1993Delta Bank & Trust Company v. Lassiter, 383 So.2d 330, 336 (La.1980); Ramirez v. Department of Social Services, 603 So.2d 795 (La. | 2 | 1993–2014 |
Schexnayder v. Gish
green
2 sentences2010Schexnayder, 980 So.2d at 67 . 2010Schexnayder, 980 So.2d at 67 . liWhat plaintiffs present before this Court is a non-appealable interlocutory judgment. | 2 | 2010–2010 |
State v. Adams
green
2 sentences1999Though an appellate court may consider evidence received at a trial when determining whether a ruling on a defense motion to suppress was correct, the jurisprudence is unclear as to whether it can rely on the testimony adduced at a preliminary hearing conducted pursuant to La.C.Cr.P. art. 291 et seq. [2] State v. Seward, 509 So.2d 413 (La.1987); State v. Brooks, 505 So.2d 714 (La.1987); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ den. 523 So.2d 231 (La.1988). 1991See State v. Seward, 509 So.2d 413 (La.1987); State v. Beals, 410 So.2d 745 (La.1982); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ denied, 523 So.2d 231 (La.1988); and State v. Boudreaux, supra. At trial, in relation to defendant's arrest, Officer Hebert testified that approximately two weeks after the armed robbery, he observed a subject in the 67 or 6800 block of Veterans Highway which fit the description given by the employees of Taco Tico. | 2 | 1991–1999 |
State v. Brooks
green
2 sentences1999Though an appellate court may consider evidence received at a trial when determining whether a ruling on a defense motion to suppress was correct, the jurisprudence is unclear as to whether it can rely on the testimony adduced at a preliminary hearing conducted pursuant to La.C.Cr.P. art. 291 et seq. [2] State v. Seward, 509 So.2d 413 (La.1987); State v. Brooks, 505 So.2d 714 (La.1987); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ den. 523 So.2d 231 (La.1988). 1988State v. Seward, 509 So.2d 413 (La.1987); State v. Brooks, 505 So.2d 714 (La.1987). | 2 | 1988–1999 |
State v. Adams
neutral
2 sentences1999Though an appellate court may consider evidence received at a trial when determining whether a ruling on a defense motion to suppress was correct, the jurisprudence is unclear as to whether it can rely on the testimony adduced at a preliminary hearing conducted pursuant to La.C.Cr.P. art. 291 et seq. [2] State v. Seward, 509 So.2d 413 (La.1987); State v. Brooks, 505 So.2d 714 (La.1987); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ den. 523 So.2d 231 (La.1988). 1991See State v. Seward, 509 So.2d 413 (La.1987); State v. Beals, 410 So.2d 745 (La.1982); State v. Adams, 521 So.2d 470 (La.App. 4th Cir.1988), writ denied, 523 So.2d 231 (La.1988); and State v. Boudreaux, supra. At trial, in relation to defendant's arrest, Officer Hebert testified that approximately two weeks after the armed robbery, he observed a subject in the 67 or 6800 block of Veterans Highway which fit the description given by the employees of Taco Tico. | 2 | 1991–1999 |
State v. Genna
green
2 sentences1929“A bill of exception which does not show that the trial judge was asked for a ruling and an exception taken to such ruling when made presents nothing for the consideration of an appellate court.” State v. Genna, 163 La. 701, 716 , 112 So. 655, 660 . 1929“A bill of exception which does not show that the trial judge was asked for a ruling and an exception taken to such ruling when made presents nothing for the consideration of an appellate court.” State v. Genna, 163 La. 701, 716 , 112 So. 655, 660 . | 2 | 1929–1929 |
State v. Glauson
green
2 sentences1929See, also, State v. Poole, 156 La. 434, 440 , 100 So. 613 ; State v. Glauson, 165 La. 270, 281 , 115 So. 484 . 1929See, also, State v. Poole, 156 La. 434, 440 , 100 So. 613 ; State v. Glauson, 165 La. 270, 281 , 115 So. 484 . | 2 | 1929–1929 |
| State ex rel. Gaines v. Judge of the Second District Court neutral | 2 | 1927–1928 |
| LeCompte v. Continental Casualty Co. green | 1 | 2023–2023 |
| Jones v. Hartford Ins. Co. green | 1 | 2022–2022 |
| Richard v. Broussard green | 1 | 2022–2022 |
| Putch v. Straughan green | 1 | 2021–2021 |
| Putch v. Straughan green | 1 | 2021–2021 |
| Nix El v. Williams green | 1 | 2018–2018 |
| Baez v. Hospital Service District No. 3 green | 1 | 2018–2018 |
| Reynolds v. Bordelon green | 1 | 2016–2016 |
| Foret v. Caruso neutral | 1 | 2016–2016 |
| Kinchen v. Livingston Parish Council green | 1 | 2015–2015 |
| Lambert v. Riverboat Gaming Enforcement Div. neutral | 1 | 2015–2015 |
| Bullock v. Graham green | 1 | 2015–2015 |
| Wiginton v. TANGIPAHOA PARISH COUNCIL & GORDON BURGESS green | 1 | 2015–2015 |
| Wright v. Louisiana Power & Light green | 1 | 2015–2015 |
| Rando v. Anco Insulations Inc. red | 1 | 2014–2014 |
| State v. Lymburner green | 1 | 2014–2014 |
| Molero v. Bass green | 1 | 2014–2014 |
| Guice v. Mustakas green | 1 | 2014–2014 |
| Sellers v. El Paso Industrial Energy, L.P. green | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.