context of a peremptory exception (Louisiana) · Go Syfert
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context of a peremptory exception in Louisiana

11 Louisiana opinions name it 2 courts 1997–2024 4 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.

Followed or applied (3)

CaseFollowedCited
Everything on Wheels Subaru, Inc. v. Subaru South, Inc.green
la · 1993 · cited in 8 Louisiana opinions naming this issue, 1997–2024
2 sentences

2024“A cause of action, when examined in the context of a peremptory exception, is defined as the operative facts that give rise to the plaintiff’s right to judicially assert the action against the defendant.” Law Indus., LLC v. Dep’t of Educ., 23-794, p. 4 (La. 1/26/24), 378 So.3d 3 , 7 (citing Ramey, 869 So.2d at 118 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1238 (La. 1993)).

2024In the context of a peremptory exception, a “cause of action” is defined as the “operative facts which give rise to the plaintiff’s right to judicially assert the action against the defendant.” Everything on Wheels Subaru, Inc. v. Subaru S., Inc., 616 So.2d 1234, 1238 (La. 1993); See also Louviere, 440 So.2d at 95 .

58
Maw Enterprises, L.L.C. v. City of Marksvillegreen
la · 2014 · cited in 4 Louisiana opinions naming this issue, 2014–2021
2 sentences

2015LAW AND DISCUSSION Peremptory Exception of No Cause of Action The recent third circuit case of Harris v. Olivier’s Contractors, 14-765, pp. 9-10 (La.App. 3 Cir. 12/10/14), 155 So.3d 652, 661 , writ denied, 15-335 (La.4/24/015), 169 So.3d 361 , 2015 WL 2184758 stated: A cause of action in the context of a peremptory exception of no cause of action “refers to the operative facts which give rise to the plaintiffs right to judicially assert an action against the defen dant.” Maw Enters., L.L.C. v. City of Marksville, 14-90, p. 6 (La.9/3/14), 149 So.3d 210, 215 .

2014A cause of action in the context of a peremptory exception of no cause of action “refers to the operative facts which give rise to the plaintiffs right to judicially assert an action against the defendant.” Maw Enters., L.L.C. v. City of Marksville, 14-90, p. 6 (La.9/3/14), 149 So.3d 210, 215 .

14
Louviere v. Shell Oil Co.green
la · 1983 · cited in 1 Louisiana opinions naming this issue, 2024–2024
1 sentence

2024In the context of a peremptory exception, a “cause of action” is defined as the “operative facts which give rise to the plaintiff’s right to judicially assert the action against the defendant.” Everything on Wheels Subaru, Inc. v. Subaru S., Inc., 616 So.2d 1234, 1238 (La. 1993); See also Louviere, 440 So.2d at 95 .

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Ramey v. DeCaire green
la · 2004
2 sentences

2024“A cause of action, when examined in the context of a peremptory exception, is defined as the operative facts that give rise to the plaintiff’s right to judicially assert the action against the defendant.” Law Indus., LLC v. Dep’t of Educ., 23-794, p. 4 (La. 1/26/24), 378 So.3d 3 , 7 (citing Ramey, 869 So.2d at 118 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1238 (La. 1993)).

2024Ramey v. DeCaire, 03-1299, p. 7 (La. 3/19/04), 869 So.2d 114, 118 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1238 (La. 1993).

22024–2024
Law Industries, LLC v. State of Louisiana, Department of Education, Recovery School District and Advanced Environmental Consulting, Inc. green
la · 2024
1 sentence

2024“A cause of action, when examined in the context of a peremptory exception, is defined as the operative facts that give rise to the plaintiff’s right to judicially assert the action against the defendant.” Law Indus., LLC v. Dep’t of Educ., 23-794, p. 4 (La. 1/26/24), 378 So.3d 3 , 7 (citing Ramey, 869 So.2d at 118 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234, 1238 (La. 1993)).

12024–2024
Scheffler v. Adams and Reese, LLP green
la · 2007
1 sentence

2020MAW Enterprises, L.L.C. v. City of Marksville, 2014- 0090, p. 6 (La. 9/3/14); 149 So. 3d 210, 215 , citing Scheffler v. Adams and Reese, LLP, 2006-1774, p. 4 (La. 2/22/07), 950 So. 2d 641, 646 ; Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So. 2d 1234, 1238 (La. 1993).

12020–2020
Harris v. Olivier's Contractors neutral
lactapp · 2014
1 sentence

2015LAW AND DISCUSSION Peremptory Exception of No Cause of Action The recent third circuit case of Harris v. Olivier’s Contractors, 14-765, pp. 9-10 (La.App. 3 Cir. 12/10/14), 155 So.3d 652, 661 , writ denied, 15-335 (La.4/24/015), 169 So.3d 361 , 2015 WL 2184758 stated: A cause of action in the context of a peremptory exception of no cause of action “refers to the operative facts which give rise to the plaintiffs right to judicially assert an action against the defen dant.” Maw Enters., L.L.C. v. City of Marksville, 14-90, p. 6 (La.9/3/14), 149 So.3d 210, 215 .

12015–2015
Harris v. Olivier's Contractors neutral
la · 2015
2 sentences

2015LAW AND DISCUSSION Peremptory Exception of No Cause of Action The recent third circuit case of Harris v. Olivier’s Contractors, 14-765, pp. 9-10 (La.App. 3 Cir. 12/10/14), 155 So.3d 652, 661 , writ denied, 15-335 (La.4/24/015), 169 So.3d 361 , 2015 WL 2184758 stated: A cause of action in the context of a peremptory exception of no cause of action “refers to the operative facts which give rise to the plaintiffs right to judicially assert an action against the defen dant.” Maw Enters., L.L.C. v. City of Marksville, 14-90, p. 6 (La.9/3/14), 149 So.3d 210, 215 .

2015LAW AND DISCUSSION Peremptory Exception of No Cause of Action The recent third circuit case of Harris v. Olivier’s Contractors, 14-765, pp. 9-10 (La.App. 3 Cir. 12/10/14), 155 So.3d 652, 661 , writ denied, 15-335 (La.4/24/015), 169 So.3d 361 , 2015 WL 2184758 stated: A cause of action in the context of a peremptory exception of no cause of action “refers to the operative facts which give rise to the plaintiffs right to judicially assert an action against the defen dant.” Maw Enters., L.L.C. v. City of Marksville, 14-90, p. 6 (La.9/3/14), 149 So.3d 210, 215 .

12015–2015
Johnson v. Orleans Parish School Bd. neutral
lactapp · 2004
2 sentences

2006Additionally, this Court stated that "[t]he function of the peremptory exception of no cause of action is to test the legal sufficiency of the petition, which is done by determining whether the law affords a remedy on the facts alleged in the pleading." 03-0828, 03-1573, p. 4, 890 So.2d at 582 .

2006The amended demand also incorporates by reference all prior pleadings that had been filed in the case, including the third party demands filed by the City of New Orleans and HANO as well as the original third party demand filed by the School Board. *764 Stating a Cause of Action As explained in Johnson , cited above, the Louisiana Supreme Court, in Everything on Wheels Subaru, Inc. v. Subaru South, Inc., 616 So.2d 1234 (La.1993), defined a cause of action in the context of a peremptory exception of no cause of action [1] as "the operative facts that give rise to the plaintiff's right to judici

12006–2006

Where else courts name it

LA 11 (1997–2024) TN 2 (2010–2010)

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.

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