191 So. 3d 608 - Pence v. Austin’s Empirical Analysis

Citation profile

3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 3 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A party pleading prescription has the burden of proving facts to support the exception unless the petition is prescribed on its face. Cichirillo v. Avondale Industries, Inc. , 2004-2894, p. 5 (La. 11/29/05), 917 So.2d 424 , 428. When the face of the petition reveals that plaintiffs claim has prescribed, the burden shifts to the plaintiff to demonstrate that prescription was suspended or interrupted. Kirby v. Field , 2004-1898, p. 6 (La.App. 1 Cir. 9/23/05), 923 So.2d 131 , 135, writ denied , 2005-2467 (La. 3/24/06), 925 So.2d 1230 . Evidence may be introduced to support or controvert any objection pleaded, but in the absence of evidence, an objection of prescription must be decided upon facts alleged in the petition with all allegations accepted as true. La.Code Civ. P. art. 931 ; Cichirillo , 2004-2894 at 5, 917 So.2d at 428 . Moreover, La.Code Civ. P. art. 934 states that "[w]hen the grounds of the objection pleaded by the peremptory exception may be removed by amendment of the petition, the judgment sustaining the exception shall order such amendment within the delay allowed by the court." The article further provides, however, that if the grounds of the objection cannot be removed by amendment, the action shall be dismissed. Ramey v. DeCaire , 2003-1299, p. 9 (La. 3/19/04), 869 So.2d 114 , 119.”

   1 later decision quote this exact passage
   e.g. 247 So. 3d 873 - Baxter v. Lewis