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← 363 F.3d 560 - Olander v. Compass Bank

Olander v. Compass Bank’s Empirical Analysis

363 F.3d 560 · 2004

Citation profile

9
cited by 9 later decisions
1
states following
March 2019
most recently cited

6 federal appellate · 1 state decisions

Relationships

Relies on Nissho-Iwai American Corp. v. Kline · Mathis v. Exxon Corp. · Kona Technology Corp. v. Southern Pacific Transportation Co. · Light v. Centel Cellular Co. of Texas · Montgomery County Hospital District v. Brown

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

  1. “We also take this opportunity to observe that section 15.50(a) does not ground the enforceability of a covenant not to compete on the overly technical disputes that our opinion in Light seems to have engendered over whether a covenant is ancillary to an otherwise enforceable agreement. Rather, the statute’s core inquiry is whether the covenant contains limitations as to time, geographical area, and scope of activity to be restrained that are reasonable and do not impose a greater restraint than is necessary to protect the goodwill or other business interest of the promisee. Concerns that have driven disputes over whether a covenant is ancillary to an otherwise enforceable agreement — such as the amount of information an employee has received, its importance, its true degree of confidentiality, and the time period over which it is received — are better addressed in determining whether and to what extent a restraint on competition is justified.”
    1 later decision quote this exact passage · from the majority
  2. “the presence of an illusory promise does not destroy the possibility of a contract. Instead, it may create a unilateral contract, and `the promisor who made the illusory promise can accept [it] by performance.'”
    1 later decision quote this exact passage · from the majority
  3. “[i]n any proceeding under this chapter, the court may award costs and reasonable and necessary attorney's fees as are equitable and just.”
    1 later decision quote this exact passage · from the majority

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.