Emke v. Mouton’s Empirical Analysis

Citation profile

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

1. “`misconduct' still requires intentional wrongdoing or negligence to such an extent as to manifest culpability or a showing of intentional and substantial disregard for the employer's interest.”

   2 later decisions quote this exact passage
   e.g. 924 So. 2d 1154 - Picou v. Trussco, Inc. · 722 So. 2d 1042 - Harris v. Houston

2. “should be construed so as to favor the awarding of benefits rather than disqualification. Id. However, we agree that an examination of the employer's showing of misconduct must consider all the circumstances, and that misconduct must be determined on a case-by-case basis. In determining whether the violation constitutes disqualifying misconduct, one must look to the nature of the violation with due consideration of the factors which enter into the proper conduct of the employer's business. Hardeman, supra at 674 . At the ALJ hearing, Ms. Perkins testified that although she had viewed the”

   1 later decision quote this exact passage
   e.g. 662 So. 2d 34 - Taco Bell Corp. v. Perkins