Pattridge v. Starks’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 non-competition agreement is a contract between the parties and should be construed according to the general rules of interpretation of contracts. La. C.C. arts. 2045-2057; - SWAT 24 Shreveport Bossier, Inc. v. Bond, 2000-1695 (La.06/29/01), 808 So.2d 294 . A contract establishes the law between the parties, and the' purpose of contract interpretation is to determine the common intent of the parties. La. C.C. art. 2045. Ordinarily, the meaning and intent of the parties to a written instrument should be determined within thé four .corners of the document and its terms should not be explained or contradicted by extrinsic evidence. RJAM, Inc. v. Miletello, 45,176 (La.App.2d Cir.04/14/10), 44 So.3d 283 , writ denied, 2010-1127 (La.09/17/10), 45 So.3d 1049 . When the words of a contract are clear and explicit and lead to no absurd consequences, no further interpretation may be made in search of the parties’ intent. La. C.C. art. 2046. A clear and unambiguous clause in a contract should not be disregarded so as to pursue its spirit; it is not the court’s duty to bend the meaning of the words of. a contract into harmony with a supposed reasonable intention of the parties. Clovelly Oil Co. v. Midstates Petroleum Co., 2012-2055 (La.03/19/13), 112 So.3d 187 at 192 . Courts must interpret contracts . in a common-sense fashion, giving the words of the contract their common and usual significance. Id. Each provision must be interpreted in light of the other provisions of the contract so”

   1 later decision quote this exact passage
   e.g. Stroope v. Smith

2. “| ] (Regardless of the label attached to Edwards at the time of signing, ie. shareholder or employee, it is clear that the policy considerations of La. R.S. 23:921 do not apply in this case. The public policy restricting non-compete agreements is based upon an underlying state desire to prevent an individual from contractually depriving himself of the ability to support himself and consequently becoming a public burden. SWAT 24 [Shreveport Bossier, Inc. v. Bond, 00-1695 (La. 6/29/01), 808 So.2d 294, 298 ]. Previous to the 2008 amendment, the form of the contract and the label attached to the individual were treated as immaterial when determining the applicability of La. R.S. 23:921. The pertinent inquiry included considering if the parties are on equal footing, if the terms are fair for all parties, the amount of control over any one party, the circumstances under which the contract was executed, and the effect on the individual’s right to engage freely in his occupation after termination. Louisiana Smoked Products, Inc. v. Savoie’s Sausage & Food Products, Inc., 1996-1716 (La. 07/01/97), 696 So.2d 1373, 1380 . Pri- or to 2008, Louisiana courts generally held that non-compete agreements that were not employment in nature were outside the scope of Title 23. See Louisiana Smoked Products, supra; Winston v. Bourgeois, Bennett, Thokey & Hickey, 432 So.2d 936 (La. App. 4th Cir. 1983). The 2008 amendment clearly brought those named business entities under the umbrella of La. R.S. 2”

   1 later decision quote this exact passage
   e.g. 223 So. 3d 1274 - Yorsch v. Morel

3. “In its reasons for ruling, the trial court specifically cited the timing and destinations of Edwards’ business trips on behalf of Skye Petroleum and the more than coincidental happenstance that those trips coincided with the opportunity for Edwards to conduct DHE, LLC business. It also took notice of Edwards’ admissions that: he was distributing Gary’s phone number on behalf of DHE, LLC; he helped obtain the building for DHE, LLC; and, he had an office in that Same building. The trial court considered that' the money Edwards received from the salé of his stock in Endurall had been pledged to secure the loan for the founding and" operation of DHE, LLC.”

   1 later decision quote this exact passage
   e.g. Pattridge v. Starks