Elmore v. Kelly’s Empirical Analysis

Citation profile

7 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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[t]he distinction between employee and independent contractor status is a factual determination that must be decided on a case-by-case basis, taking into consideration the total economic relationship between the parties and the various factors weighing either in favor of or against an employer-employee relationship.”

   3 later decisions quote this exact passage
   e.g. Mouton v. We Care Homes, Inc. · Course v. Fox Wolff Const.

2. “1. There is a valid contract between the parties; 2. The work being done is of an independent nature such that the contractor may employ non-exclusive means in accomplishing it; 3. The contract calls for specific piecework as a unit to be done according to the independent contractor's own methods without being subject to the control and direction of the principal, except as to the result of the services to be rendered; 4. There is a specific price for the overall undertaking; and 5. Specific time or duration is agreed upon and not subject to termination at the will of either side without liability for breach.”

   2 later decisions quote this exact passage
   e.g. Mouton v. We Care Homes, Inc. · Course v. Fox Wolff Const.

3. “A person rendering service for another in any trades, businesses or occupations covered by this Chapter is presumed to be an employee under this Chapter.”

   2 later decisions quote this exact passage
   e.g. Mouton v. We Care Homes, Inc. · 966 So. 2d 1160 - Brown v. Zurich American Ins. Co.