Fuller v. Kolb’s Empirical Analysis
1977
Citation profile
6 federal appellate · 33 state decisions
How this case has been cited
Cited by 54 later decisions — most recently August 2014 · most notably W. R. Grace & Co. v. Mouyal (1992), Holloway v. Faw, Casson & Co. (1990)
6 federal appellate · 33 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
Relies on Orkin Exterminating Co. v. Pelfrey · Kirshbaum v. Jones · WAKE Broadcasters, Inc. v. Crawford · McNease v. National Motor Club of America, Inc. · Edwin K. Williams & Co.-East v. Padgett
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 54 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘[F]or a period of two years subsequent to the termination of this agreement, he not render public accounting services, either as a practitioner, or as an employee of another practitioner, for any organization or individual which was a client of Fuller and DeLoach or of a predecessor firm at the time of termination or which had been a client within a year thereto”
2 later decisions quote this exact passage“if strictly limited in time and territorial effect and otherwise reasonable considering the business interest of the employer sought to be protected and the effect on the employee.”
2 later decisions quote this exact passage““In Georgia, contracts which tend to lessen competition or which are in restraint of trade are against public policy and are void. Georgia Constitution, Art. IV, Sec. IV, Par. I (Code Ann. § 2-2701 (Rev.1973); Code Ann. § 20-504 (Cum.Supp.1976). Restrictive covenants in employment contracts are in partial restraint of trade and are enforceable ‘only if strictly limited in time and territorial effect and (are) otherwise reasonable considering the business interest of the employer sought to be protected and the effect on the employee.’ Orkin Exterminating Co. v. Pelfrey, 237 Ga. 284, 285 , 227 S.E.2d 251, 252 (1976). See also McNease v. National Motor Club of America, Inc., 238 Ga. 53 , 231 S.E.2d 58 (1976). “The covenant which we are asked to consider in this case, as it is written, has no territorial limitation. The absence of such a limitation renders it void. See Colonial Life & Accident Ins. Co. v. Byrd, 227 Ga. 198 , 179 S.E.2d 746 (1971); Edwin K. Williams & Co.—East v. Padgett, 226 Ga. 613 , 176 S.E.2d 800 (1970). The problem inherent in restrictive covenants which do not have territorial limitations is one of notice to the former employee. See, e. g., Ellison v. Labor Pool of America, Inc., 228 Ga. 147 , 184 S.E.2d 572 (1971); and WAKE Broadcasters, Inc. v. Crawford, 215 Ga. 862 , 114 S.E.2d 26 (1960). This is particularly true in this case where appellant has offices in four different cities and the covenant prohibits dealings with any organization or individual which”
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.