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← 102 So. 2d 259 - Sewell v. Sharp

102 So. 2d 259 - Sewell v. Sharp’s Empirical Analysis

1958

Citation profile

50
cited by 50 later decisions
4
states following
June 2007
most recently cited

50 state decisions

How this case has been cited

Cited by 50 later decisions — most recently June 2007 · most notably Horns v. Brown (1963), 134 So. 2d 384 - Turner v. Brown (1961)

50 state decisions

340195819601970198019902000decided

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

Relies on In re Public Ledger, Inc. · Kaftan v. Siegel · Owens v. Press Publishing Co. · Martin-Parry Corp. v. New Orleans Fire Detection Service · Division of Labor Law Enforcement v. Sampsell

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 50 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “"* * * `Misconduct' is a word of general usage and is not defined in the statute itself. Resort, must, therefore, be made to the generally accepted definitions, such as wrongful, improper or unlawful conduct, motivated by premeditated, obstinate, or intentional purpose. Misconduct, within the meaning of the Unemployment Compensation Act, excluding from its benefits an employee discharged for misconduct, must be an act of wanton or willful disregard of the employer's interests, a deliberate violation of the employer's rules, and a disregard of standards of behavior which the employer has a right to expect of his employees. 48 Am.Jur, p. 541, `Social Security, Unemployment Insurance and Retirement Funds', § 38; 81 C.J.S. Social Security and Public Welfare § 162, pp. 245-247. In determining, however, what constitutes misconduct, the standard to be applied is that of the employment contract, expressed or implied, which fixes the worker's duties in connection with his work, viewed in the light of the employer's duties, responsibilities, and obligations to the employee. Without question loyalty, consideration and cooperation are due by the employee to the employer—the laborer should be worthy of his hire. * * *"”
    16 later decisions quote this exact passage
  2. ““ * * * It has been heretofore observed by this court that the Louisiana Employment Security Act comes within a class of social and economic legislation, remedial in its nature, and, as such, should be so interpreted by the courts as to extend its benefits as far as possible, within the bounds imposed by expressed legislative restrictions. Lacombe v. Sharp, .La.App., 99 So.2d 387 .””
    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.