Smart Corp. v. Grider’s Empirical Analysis
1995
Citation profile
1 district · 10 state decisions
How this case has been cited
Cited by 18 later decisions — most recently April 2019
1 district · 10 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 In re Dunnuck · First Federal Savings Bank of Indiana v. Key Markets, Inc. · Oelling v. Rao · 125 Ind. App. 503 - Welcome Wagon, Inc. v. Haschert · Licocci v. Cardinal Associates, Inc.
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“If the covenant as written is not reasonable, the courts may not create a reasonable restriction under the guise of interpretation, because to do so would subject the parties to an agreement they have not made. [Licocci v. Cardinal Associates, Inc., 445 N.E.2d at 561 .] However, if the covenant is clearly separated into parts and some parts are reasonable and others are not, the contract may be held divisible and the reasonable restrictions may be enforced. Id. In such cases, unreasonable provisions are stricken and reasonable provisions are enforced under the blue pencil process. [Hahn v. Drees, Perugini & Co., 581 N.E.2d 457, 462 (Ind.App.1991).] Blue penciling must be restricted to applying terms which already clearly exist in the contract and the court’s redaction of a contract may not result in the addition of terms that were not originally part of the contract. Id. Simply put, if practicable, unreasonable restraints are rendered reasonable by scratching out any offensive clauses to give effect to the parties’ intentions. [Seach v. Richards, Dieterle & Co., 439 N.E.2d 208, 215 (Ind.App.1982).]”
3 later decisions quote this exact passage“[a] covenant not to compete must be sufficiently specific in scope to coincide with only the legitimate interests of the employer and to allow the employee a clear understanding of what conduct is prohibited.”
1 later decision quote this exact passage“may not create a reasonable restriction under the guise of interpretation, since this would subject the parties to an agreement they have not made.”
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.