CopyCited 342 times | Published | Court of Appeals for the Eleventh Circuit | 35 Fed. R. Serv. 2d 251, 1982 U.S. App. LEXIS 24482
.. ” Ala. Code § 14-1-10 (1975). This argument fails, however, because section 14-1-10 was in effect
CopyCited 158 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 10367, 2004 WL 1162208
States.... Judiciary Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 73, 81-82. The Supreme Court interpreted
CopyCited 120 times | Published | Court of Appeals for the Eleventh Circuit | 2008 WL 2262318
See 2 Wayne R. LaFave, Substantive Criminal Law § 14.1(a), at 416-18 (2d ed.2003). This appeal concerns
CopyCited 83 times | Published | Supreme Court of Florida
omitted). [7] 3 ABA Standards for Criminal Justice § 14-1.4 (2d ed. 1980). [8] The defendant should be told
CopyCited 82 times | Published | Supreme Court of Florida
...117, 621 S.E.2d 33, 35-36 (2005). Rather, I caution that CGL coverage claims for those things other than the originally intended tort liability to third parties should be viewed with a cautious and suspect eye. See, e.g., 2 Jeffrey W. Stempel, Stempel on Insurance Contracts, § 14.01[B], at 14-17 (3d ed....
CopyCited 74 times | Published | Court of Appeals for the Eleventh Circuit | 1991 U.S. App. LEXIS 32, 1991 WL 629
assistance of counsel. Standards for Criminal Justice § 14-1.4 (1982) (emphasis added). The federal courts have
CopyCited 65 times | Published | Court of Appeals for the Eleventh Circuit | 222 U.S.P.Q. (BNA) 292, 1984 U.S. App. LEXIS 25416
proof of secondary meaning. 1 McCarthy, supra, § 14:1, at 483. Where the historical use of a geographic
CopyCited 54 times | Published | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 5870
to the Alabama Board of Corrections. Ala.Code § 14-1-1.1
CopyCited 51 times | Published | District Court, N.D. Florida | 1980 Bankr. LEXIS 4287
...While recognizing that the development of the law in the United States strongly indicates that the original and fundamental purpose of bankruptcy is the liquidation of the debtor's estate and not his discharge, in recent years the discharge aspects have become of great importance. 1A Collier § 14.01[6]. As further stated in 1A Collier § 14.01[6] at p....
CopyCited 51 times | Published | Court of Appeals for the Eleventh Circuit
be formally amended. The closest provision is § 14.1, which states that Eastern and ALPA must agree
CopyCited 50 times | Published | Court of Appeals for the Eleventh Circuit | 24 Fed. R. Serv. 3d 377, 16 Employee Benefits Cas. (BNA) 1101, 1992 U.S. App. LEXIS 32315
7 Amended Executive Security Program § 14.1. The ESP also states that the Committee shall
CopyCited 42 times | Published | Supreme Court of Florida
Section 12 (1932); Restatement, Restitution, Section 14(1); 5 Williston on Contracts, Section 1579 (1937)
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 1997 U.S. App. LEXIS 22619, 1997 WL 525431
Kingdom. See Civil Evidence Act, 1968, ch. 64, § 14(1) (Eng.); see also Law Reform Committee, Sixteenth
CopyCited 26 times | Published | Court of Appeals for the Eleventh Circuit
MCCARTHY, supra note 6, § 13:2. . Id. . Id. at § 14:1. . American Television,
810 F.2d at 1549, 1 U
CopyCited 24 times | Published | Court of Appeals for the Eleventh Circuit | 1 Fed. R. Serv. 3d 235, 1985 U.S. App. LEXIS 28392
Board of Corrections), see Alabama Code § 14-1-1.1 (Supp.1984), has extensive responsibility for
CopyCited 19 times | Published | Florida 2nd District Court of Appeal
A. 155, 157; 4 Nichols, Eminent Domain (3 ed.) § 14.1. This *224 is true even where the claimed damage
CopyCited 18 times | Published | Supreme Court of Florida | 32 Fla. L. Weekly Supp. 811, 2007 Fla. LEXIS 2394
Jeffrey W. Stempel, Stempel on Insurance Contracts, §
14.01[B], at 14-17 (3d ed. 2007) (“The CGL, like most
CopyCited 15 times | Published | Florida 4th District Court of Appeal | 2005 WL 1750621
things, a motion to compel arbitration based on section 14.1 of the partnership agreement, which provided
CopyCited 14 times | Published | Court of Appeals for the Eleventh Circuit | 17 Fed. R. Serv. 669, 1984 U.S. App. LEXIS 18022
Black-mar, Federal Jury Practice and Instructions, §
14.01, which was at least implicitly approved by this
CopyCited 12 times | Published | Florida 3rd District Court of Appeal | 228 U.S.P.Q. (BNA) 19
...ant variety protection and copyright cases." [10] A copyright owner is entitled to recover the actual damages suffered by him as a result of the infringement and any profits gained by the infringer that are attributable to the infringement. 3 Nimmer § 14.01[A]; 18 Am.Jur.2d Copyright and Literary Property § 234 (1985)....
CopyCited 11 times | Published | Florida 3rd District Court of Appeal | 2012 WL 10846, 2012 Fla. App. LEXIS 37
on Standard Jury Instructions in Criminal Cases, § 14.1 (Oct. 2009). Nevertheless, the trial court permitted
CopyCited 10 times | Published | Court of Appeals for the Eleventh Circuit | 1984 U.S. App. LEXIS 18787
vested in the Commissioner. CODE OF ALABAMA [1975], § 14-1-1.-1. This Court has in previous Opinions expressed
CopyCited 10 times | Published | Florida 3rd District Court of Appeal | 1979 Fla. App. LEXIS 16025
...On February 14, 1978, two commission members voted for, and three against a resolution to affirm the second zoning board action of December 5, 1977. Despite the majority vote against it, the resolution was deemed adopted because of the provisions of a city ordinance, § 14.01 of the zoning code, which requires a 4/5ths vote of the city commission in order to overrule a decision of the zoning board....
...It was contended (1) that because the plaintiff had been induced to expend funds by the representations of the city's zoning officials that Lot 27 could be separately used for residential purposes, Coral Gables had become equitably estopped subsequently to deny that authority; (2) that the 4/5ths voting requirement of § 14.01 of the zoning code was invalid as in conflict with Sections 13 and 14 of the city charter which provided that a majority vote of the commission was required for the passage of any ordinance or resolution; on this theory, the city had already itself granted Puiggros the authority he requested by a thus-efficacious majority vote of the commission; and *284 (3) that the first, September 12, 1977 resolution of the zoning board had become final, under § 14.01 of the city zoning code, after the passage of 14 days without appeal; thus, it was argued, the zoning board lacked jurisdiction to rescind that resolution and enact the contrary one at its meeting of December 5, 1977....
CopyCited 10 times | Published | Supreme Court of Florida | 37 Fla. L. Weekly Supp. 181, 2012 Fla. LEXIS 507, 2012 WL 753122
Mo. Const, art. Ill, § 2; Mont. Const, art. V, § 14(1); Neb. Const, art. Ill, § 5; N.J. Const, art. IV
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 2013 WL 978199, 2013 U.S. App. LEXIS 5152
jurisdiction in civil and criminal cases....”); S.C.Code § 14-1-70 ("The following are courts of justice in this
CopyCited 9 times | Published | Court of Appeals for the Eleventh Circuit | 1992 WL 345643
of Directors. Amended Executive Security Program § 14.1. The ESP also states that the Committee shall establish
CopyCited 8 times | Published | Florida 2nd District Court of Appeal
Additionally, we note that Chapter 75-390, section 14(1), Laws of Florida (the Little Elms Act), under
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit | 2014 U.S. App. LEXIS 17484, 2014 WL 4441203
Original Writ, Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 82, and appellate jurisdiction to hear appeals
CopyCited 7 times | Published | Florida 2nd District Court of Appeal | 11 Fla. L. Weekly 1960
plan, or element or portion thereof. Ch. 75-390, § 14(1), Laws of Fla.; see §
163.3194(1)(a), Fla. Stat
CopyCited 6 times | Published | Florida 3rd District Court of Appeal
general rule is stated in 4 Nichols, Eminent Domain, § 14 [1], "Damage to tract no part of which is taken."
CopyCited 5 times | Published | Florida 3rd District Court of Appeal | 2007 WL 1263976
proceeds. See John G. Grimsley, Florida Law of Trusts § 14-1 (4th ed.2006) (stating that a constructive trust
CopyCited 4 times | Published | Court of Appeals for the Eleventh Circuit | 13 Employee Benefits Cas. (BNA) 1802, 136 L.R.R.M. (BNA) 2965, 1991 U.S. App. LEXIS 4485
...laiming that the increase issue was not an arbitrable matter under the Plan. The Employer Trustees noted that Section
6.05 expressly declares that any change in benefits, upward or downward, "shall be made through an amendment to this Plan" and that Section
14.01 states that the Plan may be amended "by the vote of seventy-five percent (75%) of all Trustees." The Employer Trustees therefore asserted that the proposal for an increase failed because it did not receive the requisite seventy-five percent vote, not because the vote resulted in a tie....
...The Union Trustees sought, among other things, an order declaring (1) that the benefit increase proposal was subject to arbitration, (2) that the action of the Employer Trustees in withdrawing their consent to arbitration violated the terms of the Plan, 2 and (3) that, because Section
14.01 requires a seventy-five percent affirmative vote to amend the Plan and Section
6.05 requires an amendment in order to increase benefits, any vote of less than seventy-five percent created a deadlock within the meaning of the Labor Management Relations Act ("LMRA"), 29 U.S.C....
...he claims already asserted, an order declaring (1) that the Employer Trustees had breached their fiduciary duty under Section 11.05 of the Plan and 29 U.S.C. Sec. 186 (c)(5)(B) by refusing to submit the proposed increase to arbitration, and (2) that Section 14.01 of the Plan, requiring a seventy-five percent vote to amend the plan to increase benefits, violates the provisions of 29 U.S.C....
...Stratton,
721 F.2d 535, 537 (5th Cir.1983); Hawkins v. Bennett,
704 F.2d 1157, 1162 (9th Cir.1983). 11 The Employer Trustees argue that Section
6.05 of the Plan specifically states that any change in benefits, upward or downward, "shall be made though an amendment" to the Plan. They point out that Section
14.01 declares that an amendment requires approval by seventy-five percent of the Trustees....
...13 By contrast, Section
6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits. Moreover, Section
6.05 expressly outlines the procedure for changing the level of benefits, stating that a change, either upward or downward, "shall be made through an amendment to this Plan." Finally, Section
14.01 of the Plan states that an amendment to the Plan requires approval of seventy-five percent of the Trustees....
...etain an absolute veto over decreases in benefits. The parties stand in equal positions; neither can change benefits without the assistance of the other. Accordingly, we find the Union Trustees' argument that 29 U.S.C. Sec. 186 (c)(5)(B) invalidates Section 14.01 of the Plan to be meritless....
...ect to every section. See Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund v. Conquer Cartage Co.,
753 F.2d 1512, 1518 (9th Cir.1985). Section
6.05 expressly states that changes in benefits require amendments and Section
14.01 requires amendments to obtain seventy-five percent approval....
...vidence pursuant to Fed.R.Civ.P. 15(b). The Second Amended Complaint asserted three claims in addition to the claims asserted in the First Amended Complaint. These included two claims for breach of fiduciary duty and one claim seeking a finding that Section 14.01 of the Plan, which required seventy-five percent approval for amendments, violated the arbitration requirement of Section 186(c)(5)(B)....
CopyCited 3 times | Published | Court of Appeals for the Eleventh Circuit | 21 Employee Benefits Cas. (BNA) 1625, 1997 U.S. App. LEXIS 20761, 1997 WL 437161
may be formally amended. The closest provision is § 14.1, which states that Eastern and ALPA must agree
CopyCited 2 times | Published | Court of Appeals for the Eleventh Circuit
successor to the Alabama Board of Corrections. Ala.Code § 14-1-1.1.
CopyCited 2 times | Published | District Court, S.D. Florida | 1993 U.S. Dist. LEXIS 18764
legal size shall be guilty of an offence.... Id. § 14(1). “Legal size” is defined in § 14(2)(a)(ii) as
CopyCited 1 times | Published | District Court, N.D. Florida | 2009 U.S. Dist. LEXIS 95949, 2009 WL 3190459
...However, Coalsales characterizes these two sources, together, as the "sole" source of coal under the 1994 CSA prior to the amendments made during the market reopener process. As mentioned, after the market reopener process, Coalsales claims the sole source of coal was Source B, the Galatia Mine. [9] Section 14.01 of the CSA defines "Force Majeure" as: Any act, event or condition which has had a material adverse effect on the mining, loading, preparation, transloading or transporting of the coal by Seller or its Contractor(s) or the receiving, ac...
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1988 WL 90423
of the duties of his office.... That portion of § 14-1-6 [sic], Code of Alabama 1975, which purports to
CopyCited 1 times | Published | Florida 3rd District Court of Appeal | 2016 Fla. App. LEXIS 17090
impermissible, and that the Association’s amendment to section 14.1 of the Declaration is invalid. B. The
CopyCited 1 times | Published | District Court, M.D. Florida | 17 Fed. R. Serv. 2d 845, 1972 U.S. Dist. LEXIS 11164
jurisdiction. Act of September 24, 1789, c. 20, § 14, 1 Stat. 81. Habeas corpus has through its grand history
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1991 WL 28194
...ing that the increase issue was not an arbitrable matter under the Plan. The Employer Trustees noted that Section
6.05 expressly declares that any change in benefits, upward or downward, “shall be made through an amendment to this Plan” and that Section
14.01 states that the Plan may be amended “by the vote of seventy-five percent (75%) of all Trustees.” The Employer Trustees therefore asserted that the proposal for an increase failed because it did not receive the requisite seventy-five percent vote, not because the vote resulted in a tie....
...The Union Trustees sought, among other things, an order declaring (1) that the benefit increase proposal was subject to arbitration, (2) that the action of the Employer Trustees in withdrawing their consent to arbitration violated the terms of *547 the Plan, 2 and (3) that, because Section
14.01 requires a seventy-five percent affirmative vote to amend the Plan and Section
6.05 requires an amendment in order to increase benefits, any vote of less than seventy-five percent created a deadlock within the meaning of the Labor Management Relations Act (“LMRA”), 29 U.S.C....
...the claims already asserted, an order declaring (1) that the Employer Trustees had breached their fiduciary duty under Section 11.05 of the Plan and 29 U.S.C. § 186 (c)(5)(B) by refusing to submit the proposed increase to arbitration, and (2) that Section 14.01 of the Plan, requiring a seventy-five percent vote to amend the plan to increase benefits, violates the provisions of 29 U.S.C....
...Stratton,
721 F.2d 535, 537 (5th Cir.1983); Hawkins v. Bennett,
704 F.2d 1157, 1162 (9th Cir.1983). The Employer Trustees argue that Section
6.05 of the Plan specifically states that any change in benefits, upward or downward, “shall be made though an amendment” to the Plan. They point out that Section
14.01 declares that an amendment requires approval by seventy-five percent of the Trustees....
...By contrast, Section
6.01 of the Plan at issue in this litigation establishes a fixed schedule of benefits. Moreover, Section
6.05 expressly outlines the procedure for changing the level of benefits, stating that a change, either upward or downward, “shall be made through an amendment to this Plan.” Finally, Section
14.01 of the Plan states that an amendment to the Plan requires approval of seventy-five percent of the Trustees....
...etain an absolute veto over decreases in benefits. The parties stand in equal positions; neither can change benefits without the assistance of the other. Accordingly, we find the Union Trustees’ argument that 29 U.S.C. § 186 (c)(5)(B) invalidates Section 14.01 of the Plan to be meritless....
...ect to every section. See Arizona Laborers, Teamsters and Cement Masons Local 395 Health and Welfare Trust Fund v. Conquer Cartage Co.,
753 F.2d 1512, 1518 (9th Cir.1985). Section
6.05 expressly states that changes in benefits require amendments and Section
14.01 requires amendments to obtain seventy-five percent approval....
...vidence pursuant to Fed.R.Civ.P. 15(b). The Second Amended Complaint asserted three claims in addition to the claims asserted in the First Amended Complaint. These included two claims for breach of fiduciary duty and one claim seeking a finding that Section 14.01 of the Plan, which required seventy-five percent approval for amendments, violated the arbitration requirement of Section 186(c)(5)(B)....
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit
Gardendale City School System." Gardendale, Ala., Code § 14-1 (2014). The ordinance also created a Board of Education
CopyCited 1 times | Published | Florida 1st District Court of Appeal
(2018); Wis. Stat. § 756.02 (208); Wyo. Stat. Ann. § 14-1-101 (2018); Wyo. Stat. Ann. § 1-11-101 (2019).
CopyPublished | Court of Appeals for the Eleventh Circuit
Sanctions Act of 1996, Pub. L. 104-172, 110 Stat. 1541, § 14(1)); 50 U.S.C. § 1801(c). In some instances, Congress
CopyPublished | Court of Appeals for the Eleventh Circuit
Original Writ, Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 82, and appellate jurisdiction to hear appeals
CopyPublished | Court of Appeals for the Eleventh Circuit
Original Writ, Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 82, and appellate jurisdiction to hear appeals
CopyPublished | Court of Appeals for the Eleventh Circuit
ages of law. ch. 20, § 14, 1 Stat. 73, 81. Section 14 was codified in the All
CopyPublished | District Court, M.D. Florida
7 Matulis testified that it occurred in late January and Beck testified that it occurred on February 2, 2017. (Doc. 70 at 55-57 & 126). 8 On the morning prior to Aponte's termination, B & B terminated Beck's employment. (Doc 70 at 39-40). 9 At trial, B & B argued that Aponte had not established an FMLA interference claim because his FMLA leave was not the proximate cause of his termination. (Doc. 71 at 124-125). However, "a causal nexus is not an element of an interference claim, but that the employer
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Dec 12, 2023
Judiciary Act of 1789. Act of Sept. 24, 1789, ch. 20, § 14, 1 Stat. 73, 81–82. Although this grant of
CopyPublished | Florida 5th District Court of Appeal
...The
CGL, like most insurance policies, has a relatively targeted
objective for insuring risks. It is designed to protect
commercial operators from litigation and liability arising out
of their business operations.
2 Jeffrey W. Stempel, Stempel on Insurance Contracts § 14.01[B] at 14-17 (3d ed.
Supp....
CopyPublished | Court of Appeals for the Eleventh Circuit
213 USPQ 185, 187 (CCPA 1982). . See Lanham Act § 14(1), 15 U.S.C. § 1064(1). . Plastilite Corp. v.
CopyPublished | District Court of Appeal of Florida | 1993 Fla. App. LEXIS 635, 1993 WL 16415
...ssee) is responsible for transportation charges separate and apart from the rental price, citing Florida Hi-Lift v. Department of Revenue,
571 So.2d 1364 (Fla. 1st DCA 1990). See also 1 Fla. State and Local Taxes, Transportation and Similar Charges, §
14.01[3][c][ii] (Fla....
CopyPublished | Court of Appeals for the Eleventh Circuit
eral authorities. See Judiciary Act of 1789, § 14, 1 Stat. 81, 81-82; Ex Parte Dorr, 44 U.S
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 19, 2023
for behavioral infractions. See Ala. Code § 14- 1-4(a) (providing that the Department shall determine
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Sep 19, 2023
for behavioral infractions. See Ala. Code § 14- 1-4(a) (providing that the Department shall determine
CopyPublished | Court of Appeals for the Eleventh Circuit
Gardendale City School System.” Gardendale, Ala., Code § 14-1 (2014). The ordinance also created a Board of
CopyPublished | Court of Appeals for the Eleventh Circuit
may be formally amended. The closest provision is § 14.1, which states that Eastern and ALPA must agree
CopyPublished | Court of Appeals for the Eleventh Circuit
Argued: Apr 27, 2023
an operational control tower.” Order JO 7400.2 § 14-1-2(d). Each Class D airspace area “is individually
CopyPublished | District Court of Appeal of Florida | 1961 Fla. App. LEXIS 3080
compensation as aforesaid. Laws 1941, c. 20930, § 14.”1 It is apparent that the notice of appeal in this