Fogle v. Shah’s Empirical Analysis
1989
Citation profile
3 federal appellate · 8 state decisions
How this case has been cited
Cited by 15 later decisions — most recently September 2017
3 federal appellate · 8 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 Donahue v. Permacel Tape Corp. · 21 Mass. App. Ct. 488 - Alexander & Alexander. Inc. v. Danahy · Licocci v. Cardinal Associates, Inc. · SHOPPERS'WORLD v. Board of Assessors of Framingham · Seach v. Richards, Dieterle & Co.
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'In the former situation (sale of a business) there is more likely to be equal bargaining power between the parties; the proceeds of the sale generally enable the seller to support himself temporarily without the immediate practical need to enter into competition with his former business; and a seller is usually paid a premium for agreeing not to compete with the buyer. Where the sale of the business includes good will ... a broad noncompetition agreement may be necessary to assure that the buyer receives that which he purchased.... On the other hand, an ordinary employee typically has only his own labor or skills to sell and often is not in a position to bargain with his employer. Postemployment restraints in such cases must be scrutinized carefully to see that they go no further than necessary to protect an employer's legitimate interests, such as trade secrets or confidential customer information.'”
3 later decisions quote this exact passage“It must be noted that these cases relate to the good will, which is “the interest to be protected” in the business or profession sold, and they do not relate to the scope of the business of the buyer. For example, if the seller operated stores in cities A, B and C, and he sells the store in city A, the cases do . not hold that a negative covenant may be enforced prohibiting seller from continuing business in cities B and C, neither , do they hold that the mere fact that the buyer operates a business throughout the state of Indiana that he may preclude a seller whose business was limited to a single county, from operating elsewhere within the State of Indiana. In fact the contrary rule is true, (citation omitted). The “good will” must be related to the particular transaction between the parties.”
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.