704 So. 2d 25 - Sivils v. Mitchell’s Empirical Analysis
1997
Citation profile
21 state decisions
How this case has been cited
Cited by 21 later decisions — most recently May 2019
21 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 29 U.S.C. § 794 · 42 U.S.C. § 12101 (§ 2 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12181 (§ 301 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12182 (§ 302 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 12188 (§ 308 of the Americans with Disabilities Act of 1990) · 42 U.S.C. § 2000A
Relies on Adickes v. S. H. Kress & Co. · Newman v. Piggie Park Enterprises, Inc. · 640 So. 2d 237 - City of New Orleans v. Board of Com'rs · La. Paddlewheels v. La. Riverboat Gaming · 691 So. 2d 751 - TREASURE CHEST v. Parish of Jefferson
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 21 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“in the suit. Sivils v. Mitchell, 96-2528, p. 3 (La.App. 1st Cir. 11/7/97), 704 So.2d 25, 27 . Stated another way, an exception of no right of action determines”
3 later decisions quote this exact passage“whether the plaintiff belongs to the particular class to which the law grants a remedy for the particular harm alleged.”
3 later decisions quote this exact passage“The exception of no cause of action questions “whether the law extends a remedy to anyone under the factual allegations of the petition.” The purpose of an exception pleading the objection of no cause of action is to determine the sufficiency in law of the petition. Generally, no evidence may be introduced to support or controvert the exception. However, as set forth in City National Bank of Baton Rouge v. Brown, 599 So.2d 787, 789 (LaApp. 1st Cir.), writ denied, 604 So.2d 999 (La.1992), the jurisprudence recognizes an exception to this rule, which allows the court to consider evidence which is ad mitted without objection to enlarge the pleadings. Otherwise, the exception is triable on the face of the pleadings, and, for the purposes of determining the issues raised by the exception, the well-pleaded facts in the petition must be accepted as true. The court must determine if the law affords plaintiff a remedy under those facts. When a petition states a cause of action as to any ground or portion of the demand, an exception raising the objection of no cause of action must be overruled. Any doubts are resolved in favor of the sufficiency of the petition.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.