889 So. 2d 405 - Kinkle v. RDC, LLC’s Empirical Analysis
2004
Citation profile
7 state decisions
Relationships
Relies on 739 So. 2d 191 - Magnon v. Collins · Hebert v. Insurance Center Inc. · 706 So. 2d 1007 - Hebert v. Insurance Center, Inc. · 711 So. 2d 727 - Vardaman v. Baker Center, Inc. · 745 So. 2d 666 - Clark v. Favalora
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The interpretive purpose is to determine the common intent of the parties. La.Civ.Code art.2045. In attempting to determine that common intent, we may not seek a different interpretation “when the words of a contract are clear and explicit and lead to no absurd consequences.” La.Civ.Code art.2046. However, if words of a contract are susceptible of different meanings, we must interpret them in the manner that “best conforms to the object of the contract.” La.Civ.Code art.2048. We are required to interpret a doubtful provision “in light of the nature of the contract, equi ty, usages, the conduct of the parties before and after the formation of the contract, and of other contracts of a like nature between the same parties.” La. Civ. Code art.2053. Additionally, where the doubt created by a contract provision cannot be removed, we must interpret that provision against the party who furnished it. La.Civ.Code art.2056.”
1 later decision quote this exact passage“Except as otherwise provided in the articles of organization or a written operating agreement, if a member who is an individual dies ... the member's membership ceases and the member's executor, administrator, guardian, conservator, or other legal representative shall be treated as an assignee of such member's interest in the limited liability company.”
1 later decision quote this exact passagee.g. In re McCalmont“as an assignee, is not entitled to inspect [the LLC's] records, since this action is reserved for members of the LLC.”
1 later decision quote this exact passagee.g. In re McCalmont
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.