259 Louisiana opinions name it 2 courts 1961–2025 24 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 |
|---|---|---|
City of New Orleans v. Board of Com'rsgreen2 sentences2015The exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. - Id.; City of New Orleans, 640 So.2d 237 . 2014“The exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Id. at 349 (citing City of New Orleans v. Bd. of Comm’rs, 93-0690 (La.7/5/94), 640 So.2d 237 ). “[A] petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief.” Id. (citing Haskins v. Clary, 346 So.2d 193 (La.1977)). | 5 | 56 |
Kuebler v. Martingreen2 sentences1997La.C.C.P. art. 865. * * * When it can reasonably do so, the court should maintain a petition against a peremptory exception so as to afford the litigant an opportunity to present his evidence. * * * The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition and is triable on the face of the papers; for the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true. [Citations omitted.] Kuebler v. Martin, 578 So.2d 113, 114 (La. 1991). 1993ANALYSIS In Kuebler v. Martin, 578 So.2d 113, 114 (La.1991), our Supreme Court said: The purpose of an exception of no cause of action is to determine the sufficiency in law of the petition and is triable on the face of the papers; for the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true. | 5 | 10 |
Fink v. Bryantgreen2 sentences2013“The exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Fink v. Bryant, 2001-0987, p. 4 (La.11/28/01), 801 So.2d 346, 349 . 2011The exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. *315 In Dauzart v. Financial Indemnity Insurance Co., 10-28, p. 4 (La.App. 3 Cir. 6/2/10), 39 So.3d 802, 805 , we noted: With regard to the granting of the exception of no cause of action, in articulating the standard of review which governs our consideration of this, the supreme court explained: "the appellate court and this Court should subject the case to de novo review because the exception raises a quest | 2 | 43 |
Scheffler v. Adams and Reese, LLPgreen2 sentences2017The exception is tried on the face of the pleading, as La.Code Civ.P. art. 931 instructs that no evidence may be introduced to support or to controvert the exception. "[F]or purposes of resolving the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true." Id. at 646 . 2017The exception is tried on the face of the pleading, as La.Code Civ.P. art. 931 instructs that no evidence may be introduced to support or to controvert the exception. "[F]or purposes of resolving the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Id. at 646 . | 2 | 14 |
| Jones v. Tezenogreen | 2 | 2 |
| Everything on Wheels Subaru, Inc. v. Subaru South, Inc.green | 2 | 2 |
Mayer v. Valentine Sugars, Inc.green2 sentences2009La.C.C.Pro. art. 927; Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984); Haskins v. Clary, 346 So.2d 193 (La.1977). 1989LSA-C.C.P. art. 931 “For the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true.” Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984). | 1 | 24 |
Darville v. Texaco, Inc.green2 sentences2005The general rule applicable to a trial of such exception is that an exception of no cause of action must be overruled unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which the defense is based; that is, unless the plaintiff has no cause of action under any evidence admissible under the pleadings. (citations omitted) Id. 447 So.2d at 474 -475 The pleadings in the matter before us assert several causes of action in contract and tort, including, breach of contract, unjust enrichment, failure to warn and detrimental reliance. 1993It is wellsettled that "[t]he exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well[-]pleaded facts in the petition must be accepted as true." Darville v. Texaco, Inc., 447 So.2d 473, 474-75 (La.1984) (citations omitted), writ denied, 448 So.2d 1302 (La.1984). | 1 | 17 |
Industrial Companies, Inc. v. Durbingreen2 sentences2024“The exception is triable on the face of the petition and, for the purpose of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Id. 2021“The exception is triable on the face of the petition and, to determine the issues raised by the exception, each well-pleaded fact in the petition must be accepted as true.” Id. | 1 | 14 |
Ramey v. DeCairegreen2 sentences2022Id.; Ramey v. DeCaire, 03-1299 (La. 3/19/04), 869 So.2d 114, 118 . 2015See Ramey v. DeCaire, 03-1299, p. 7 (La.3/19/04), 869 So.2d 114, 118 . | 1 | 5 |
Maw Enterprises, L.L.C. v. City of Marksvillegreen2 sentences2015“The exception is triable on the face of the pleadings and, for purposes of resolving the issues raised by the exception, the court must presume that all well-pleaded facts in the petition are true.” Id. 2014“The exception is triable on the face of the pleadings and, for purposes of resolving the issues raised by the exception, the court must presume that all well-pleaded facts in the petition are true.” Id. | 1 | 4 |
Kinchen v. Livingston Parish Councilgreen2 sentences2018Id. at 1202 (quoting Kinchen v. Livingston Parish Council , 07-478, p. 2 (La. 10/16/07), 967 So.2d 1137 , 1138 ) (alteration in original). 2009Kinchen, 967 So.2d at 1138 (citations omitted). | 1 | 2 |
| Johansen v. LA. HIGH SCHOOL ATHLETIC ASS'Ngreen | 1 | 2 |
| City of New Orleans v. Bd. of Dir. of State Museumgreen | 1 | 2 |
| Bergeron v. Bergerongreen | 1 | 1 |
| Sevarg Co., Inc. v. Energy Drilling Co.green | 1 | 1 |
| Cortez v. TOTAL TRANSPORTATION INC.green | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Louisiana. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Badeaux v. Southwest Computer Bureau, Inc.
green
2 sentences2019“The exception is triable on the face of the petition and, to determine the issues raised by the exception, each well-pleaded fact in the petition must be accepted as true.” Id. 2015To resolve the issues raised by an exception of no cause of action, “each well-pleaded fact in the petition must be accepted as true.” Id. | 15 | 2006–2021 |
Haskins v. Clary
green
2 sentences2014“The exception is triable on the face of the papers and for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Id. at 349 (citing City of New Orleans v. Bd. of Comm’rs, 93-0690 (La.7/5/94), 640 So.2d 237 ). “[A] petition should not be dismissed for failure to state a cause of action unless it appears beyond doubt that the plaintiff can prove no set of facts in support of any claim which would entitle him to relief.” Id. (citing Haskins v. Clary, 346 So.2d 193 (La.1977)). 2009La.C.C.Pro. art. 927; Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984); Haskins v. Clary, 346 So.2d 193 (La.1977). | 12 | 1984–2014 |
Elliott v. Dupuy
green
2 sentences1972In passing upon an exception of no cause of action, our Supreme Court stated in Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 : “It is well settled that an exception of no cause of action addresses itself to the sufficiency in law of the petition and is triable on the face of the papers ; that for the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true, and that a suit will not be dismissed on exception of no cause of action if allegations of fact set forth a cause of action as to any part of the d 1972In passing upon an exception of no cause of action, our Supreme Court stated in Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 : “It is well settled that an exception of no cause of action addresses itself to the sufficiency in law of the petition and is triable on the face of the papers ; that for the purpose of determining the issues raised by this exception, the well pleaded facts in the petition and any annexed documents must be accepted as true, and that a suit will not be dismissed on exception of no cause of action if allegations of fact set forth a cause of action as to any part of the d | 11 | 1964–1984 |
Cleco Corp. v. Johnson
green
2 sentences2019Cleco Corp. v. Johnson , 2001-0175 (La. 9/18/01), 795 So.2d 302 . 2019Cleco Corp. v. Johnson , 2001-0175 (La. 9/18/01), 795 So.2d 302 . | 10 | 2003–2019 |
Eschete v. City of New Orleans
neutral
2 sentences1998Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984); Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Eschete v. City of New Orleans, 258 La. 133 , 245 So.2d 383 (1971). 1995Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La. 1984); Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Eschete v. City of New Orleans, 258 La. 133 , 245 So.2d 383 (1971)." Kuebler v. Martin, 578 So.2d 113, 114 (La. 1991). | 8 | 1991–1998 |
Eschete v. City of New Orleans
green
2 sentences1998Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La.1984); Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Eschete v. City of New Orleans, 258 La. 133 , 245 So.2d 383 (1971). 1995Mayer v. Valentine Sugars, Inc., 444 So.2d 618 (La. 1984); Darville v. Texaco, Inc., 447 So.2d 473 (La.1984); Eschete v. City of New Orleans, 258 La. 133 , 245 So.2d 383 (1971)." Kuebler v. Martin, 578 So.2d 113, 114 (La. 1991). | 8 | 1991–1998 |
Reynolds v. Bordelon
green
2 sentences2020Reynolds v. Bordelon, 2014- 2362 ( La. 6/ 30/ 15), 172 So. 3d 589 , 594- 95. 2020Reynolds v. Bordelon, 2014- 2362 ( La. 6/ 30/ 15), 172 So. 3d 589 , 594- 95. | 5 | 2016–2020 |
Ourso v. Wal-Mart Stores, Inc.
neutral
2 sentences2015Id, 2008-0780 at 4, 998 So.2d at 298 . 2014Id., 2008-0780 at 4, 998 So.2d at 298 . | 5 | 2009–2015 |
Harris v. STATE DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT
green
2 sentences2014Id., 2008-0780 at 4, 998 So.2d at 298 . 2014Id. | 4 | 2014–2014 |
TREASURE CHEST v. Parish of Jefferson
green
2 sentences1999City of New Orleans v. Board of Commissioners of Orleans Levee District, 640 So.2d at 241 ; Treasure Chest Casino, L.L.C. v. Parish of Jefferson, 691 So.2d at 754 . 1998City of New Orleans v. Board of Commissioners of Orleans Levee District, 640 So.2d at 241 ; Treasure Chest Casino, L.L.C. v. Parish of Jefferson, 691 So.2d at 754 . | 4 | 1997–1999 |
Bogues v. Louisiana Energy Consultants, Inc.
green
2 sentences2025App. 2 Cir. 8/10/11), 71 So. 3d 1128 ; Blanche, supra. The exception is triable on the face of the petition, and for the purpose of determining the issues raised by the exception, the well- pleaded facts in the petition must be accepted as true. 2025App. 2 Cir. 8/10/11), 71 So. 3d 1128 ; Blanche, supra. The exception is triable on the face of the petition, and for the purpose of determining the issues raised by the exception, the well- pleaded facts in the petition must be accepted as true. | 3 | 2012–2025 |
Friel v. Louisiana Citizens Property Insurance
green
2 sentences2024The exception must be tried on the face of the petition and, “for purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true.” Id., 11-1032, p. 6, 85 So.3d at 184 .3 “[C]ourts ‘are not compelled to accept a party’s legal conclusions as facts,” and legal conclusions asserted in the petition “are not considered well-pled factual allegations for purposes of an exception of no cause of action.” Henderson v. State Farm Mut. 2022Id. | 3 | 2021–2024 |
Roberts v. Sewerage and Water Bd.
green
2 sentences2003Livaccari v. Alden Engineering, Inc., XXXX-XXXX (La.App. 1 Cir. 12/1/00), 808 So.2d 383 ; Roberts v. Sewerage and Water Bd. of New Orleans, 92-2048, p. 1 (La.3/21/94); 634 So.2d 341, 342-343 . 1999Explaining the standard used in evaluating the exception, the supreme court |fihas stated that “an exception of no cause of action must be overruled unless the allegations of the petition exclude every reasonable hypothesis other than the premise upon which the defense is based; that is, unless the plaintiff has no cause of action under any evidence admissible under the pleadings.” Roberts v. Sewerage and Water Bd. of New Orleans, 92-2048, p. 1 (La.3/21/94); 634 So.2d 341, 343 . | 3 | 1995–2003 |
Pence v. Ketchum
green
2 sentences1984La.C.C.P. art. 927; Haskins v. Clary, 346 So.2d 193 (La.1977); Pence v. Ketchum, 326 So.2d 831 (La.1976); Elliott v. Dupuy 242 La. 173 , 135 So.2d 54 (La.1961); Johnson v. Edmonston 383 So.2d 1277 (La.App. 1st Cir.1980). 1977Pence v. Ketchum, 326 So.2d 831 (La.1976); Elliott v. Dupuy, 242 La. 173 , 135 So.2d 54 (1961). | 3 | 1977–1984 |
Spiers v. Davidson
green
2 sentences1972Spiers v. Davidson, 233 La. 239 , 96 So.2d 502 , and cases there cited. 1972Spiers v. Davidson, 233 La. 239 , 96 So.2d 502 , and cases there cited. | 3 | 1961–1972 |
Ocwen Loan Servicing, LLC v. Porter
green
2 sentences2025App. 4 Cir. 5/23/18), 248 So.3d 491, 495 ). “[A]ll well-pleaded facts in the petition are accepted as true for purposes of determining the issues raised by an exception of no cause of action.” Id. (alteration in original). 2025App. 4 Cir. 5/23/18), 248 So.3d 491, 495 ). “[A]ll well-pleaded facts in the petition are accepted as true for purposes of determining the issues raised by an exception of no cause of action.” Id. (alteration in original). | 2 | 2022–2025 |
State v. Taylor
neutral
2 sentences2021Vince v. Metro Rediscount Company, Inc., 18-2056, p. 1 (La. 2/25/19), 264 So.3d 440 . 2020Vince v. Metro Rediscount Company, Inc., 2018-2056 (La. 2/25/19), 264 So. 3d 440 ; City of New Orleans v. Board of Commissioners, 93–0690 (La.7/5/94), 640 So.2d 237 . | 2 | 2020–2021 |
Camsoft Data Systems, Inc. v. Southern Electronics Supply, Inc.
green
2 sentences2019Id. 2015Id. | 2 | 2015–2019 |
Boyd v. Cebalo
green
2 sentences2019We accept "all well-pleaded facts in the petition as true for purposes of determining the issues raised by an exception of no cause of action." Id. 2019We accept "all well-pleaded facts in the petition as true for purposes of determining the issues raised by an exception of no cause of action." Id. | 2 | 2019–2019 |
Hebert v. Shelton
green
2 sentences2018Id. at 1202 (quoting Kinchen v. Livingston Parish Council , 07-478, p. 2 (La. 10/16/07), 967 So.2d 1137 , 1138 ) (alteration in original). 2017Id. at 1202 . | 2 | 2017–2018 |
| Hill v. Jindal green | 2 | 2018–2018 |
| Richardson v. Richardson green | 2 | 2005–2017 |
| DiLeo v. Hansen green | 2 | 2011–2014 |
| Show-Me Construction, LLC v. Wellington Specialty Insurance Co. green | 2 | 2013–2014 |
| Short v. Short neutral | 2 | 2006–2013 |
| Adams v. OWENS-CORNING FIBERGLASS CORPORATION neutral | 2 | 2006–2013 |
| Livaccari v. Alden Engineering, Inc. green | 2 | 2003–2010 |
| Darville v. Texaco, Inc. green | 2 | 1993–2005 |
| SHREVEPORT CREDIT RECOVERY INC. v. Modelist green | 2 | 2002–2003 |
| Strasner v. State green | 2 | 2002–2003 |
| Babineaux v. Southeastern Drilling Corporation green | 2 | 1965–1968 |
| Harwood Oil & Mining Company v. Black green | 2 | 1964–1965 |
| Cador v. Deep South Equipment Co. neutral | 1 | 2025–2025 |
| Jenkins v. Jackson green | 1 | 2024–2024 |
| Grubbs v. Haven Custom Furnishings, LLC green | 1 | 2023–2023 |
| Calloway v. Lobrano green | 1 | 2021–2021 |
| Winstead v. Kenyon green | 1 | 2018–2018 |
| Laguerre v. Mendez neutral | 1 | 2016–2016 |
| McCarthy v. Evolution Petroleum Corp. green | 1 | 2016–2016 |
| Donnaud's Inc. v. GULF COAST BANK AND TRUST neutral | 1 | 2015–2015 |
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.