Florida/Georgia Personal Injury & Workers Compensation

Erwin Chemerinsky, Federal Jurisdiction § 14.2, at 842-43 (4th ed. 2003); 16 see

liquidation of House of Travel pursuant to Ga.Code Ann. § 14-2-1430 (1989). Bassett alleged that the company’s

...This provision requires the plaintiff to demonstrate a "causal connection" between the defendant's infringement and an injury to the market value of the plaintiff's copyrighted work at the time of infringement.19 See Key West Hand Print Fabrics, Inc. v. Serbin, Inc., 269 F.Supp. 605, 613 (S.D.Fla.1966); 4 Nimmer § 14.02[A]; see also Data Gen. Corp....

...This injury often is measured by the revenue that the plaintiff lost as a result of the infringement. See Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, 567, 105 S.Ct. 2218, 2234, 85 L.Ed.2d 588 (1985); Data Gen. Corp., 36 F.3d at 1170; 4 Nimmer § 14.02[A], at 14-9. 15 infringement. Cf. 4 Nimmer § 14.02[A], at 14-8 n....

...lty. 17 "cannot expect to pay the same price in damages as it might have paid after freely negotiated bargaining, or there would be no reason scrupulously to obey the copyright law"); 4 Nimmer § 14.02[A] (applying this observation from Iowa State to the computation of actual damages under the current Copyright Act). With respect to the defendants' profits, the Copyright Act provides the following computational guidance: The copyright owner is entitled to recover ......

court relied on O.C.G.A. § 14-2-293 in making this ruling. However, § 14-2-293 has been replaced by the

...connection” between the defendant’s infringement and an injury to the market value of the plaintiff’s copyrighted work at the time of infringement.19 See Key West Hand Print Fabrics, Inc. v. Serbin, Inc., 269 F. Supp. 605, 613 (S.D. Fla. 1966); 4 Nimmer § 14.02[A]; see also Data Gen....

...to the value of subsequent unregistered VPIC versions derived from version 2.9a – such as VPIC 4.3 – in order to determine the extent of the injury to the value of Montgomery’s registered copyright at the time of infringement. Cf. 4 Nimmer § 14.02[A], at 14-8 n.4 (noting that, in view of the copyright owner’s exclusive right to prepare derivative works under 17 U.S.C....

...This injury often is measured by the revenue that the plaintiff lost as a result of the infringement. See Harper & Row, Publishers, Inc. v. Nation Enters., 471 U.S. 539, 567, 105 S. Ct. 2218, 2234, 85 L. Ed. 2d 588 (1985); Data Gen. Corp., 36 F.3d at 1170; 4 Nimmer § 14.02[A], at 14-9. 18  The defendants’ second claim of error relates to the evidentiary basis for the jury’s damage award....

...20 Copyright Act of 1909, that the defendant “cannot expect to pay the same price in damages as it might have paid after freely negotiated bargaining, or there would be no reason scrupulously to obey the copyright law”); 4 Nimmer § 14.02[A] (applying this observation from Iowa State to the computation of actual damages under the current Copyright Act). With respect to the defendants’ profits, the Copyright Act provides the following computational guidance: The copyright owner is entitled to recover ....

member’s right to receive distributions”); O.C.G.A. § 14-2-140 (defining "shares” as the “units into which

2006) (citing 28 U.S.C. §§ 2675, 2401(b); 28 C.F.R. § 14.2(a)). The sum certain requirement of § 2675(a) serves

occurred by reason of the accident.” 28 C.F.R. § 14.2 (2001). 5 Accordingly, Barnett must

for money damages in a sum certain.” 28 C.F.R. § 14.2(a); 28 U.S.C. §§ 2675, 2401(b). “When the sum certain

occurred by reason of the incident.” 28 C.F.R. § 14.2(a). “When the sum certain is omitted, the administrative

...ebtor's estate to his creditors. The discharge of the bankrupt is a secondary purpose designed to give the honest debtor the opportunity to reinstate himself in the business world; it is not intended to be available to a dishonest debtor. 1A Collier § 14.02....

of corporate assets. 25 Section 14-2-152.1(a)(1) of the Georgia Code requires directors

damage. Private Road Grade Crossing Agreement, § 14.2, Record on Appeal at 53-1172 Ex. A, Nat'l R.R.

court to award fees based upon a statute, O.C.G.A. § 14-2-123(f), which provides that “upon final judgment

Georgia Secretary of State pursuant to O.C.G.A. § 14-2-1501(a). 9 . Jurisdiction will not

enough." Trawick, Florida Practice and Procedure § 14-2 at 208 (1980 Edition). Furthermore, in the absence

enough," Trawick's Florida Practice and Procedure § 14-2 at 208 (1980 Edition) and the "liberality in permitting

basis of Georgia’s “safe harbor” law, O.G.C.A. § 14-2-862, which insulates certain self-interested transactions

of “fair value” pursuant to former Ga.Code Ann. § 14-2-214(b) (1983). Only three shareholders elected

designate a sum certain as required by 28 C.F.R. § 14.2(a) which provides: (a) For purposes of the

the Subcontract. Specifically, Rogers claims that § 14.2(b) of the Bright/A-1 Subcontract expressly excludes

...Acme Fast Freight, Inc., 1942, 193 Ga. 598, 19 S.E.2d 286, 140 A.L.R. 1118; Restatement, Judgments, § 107, Comment e, p. 515; 27 Am. Jur., Indemnity, § 35. The procedural operation of "vouching to warranty" is well stated in 3 Moore's Federal Practice, 2nd Ed. (1963) § 14.02[1], p....

accordance with 28 U.S.C. § 2675(a) and 28 C.F.R. § 14.2(a), because he did not claim a sum certain in damages

maintained" to be public records, see N.M. Stat. Ann. § 14-2-6(E) (2009); new york expanded its definition of

requirement of 28 C.F.R. § 14.2 (1986) and 28 U.S.C. § 2675(b) (1982). 28 C.F.R. § 14.2 requires claims against

Ringel Searches & Seizures, Arrests and Confessions § 14.2 (1980). The right to a hearing on a motion to quash

...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). The primary measure of actual damages is the loss in value of the copyrighted work. 3 Nimmer § 14.02....

we consider that the requirements set out in section 14.2 are specific enough to be uniformly applied

...from other landowners will be put. When a portion of a landowner's property is acquired by eminent domain, he is entitled to be paid not only for the land taken but also for damages suffered by the remainder. 4A P. Nichols, The Law of Eminent Domain § 14.02 (rev....

based on § 3 of the Clayton Act, Title 15 U.S.C. § 14,[2] and § 1 of the Sherman *802 Act Title 15 U.S.C

of that statutory provision is expressed in section 14-2-140 of the Code, which states: “Subject

J. Calamari & J. Perillo, The Laws of Contracts § 14-2 (2d ed. 1977). Clark & Funston has utterly failed

Nichols on Eminent Domain (3rd Ed.) pp. 69-70, Section 14.2(2). We hold that enactment of a zoning ordinance

...differ more or less as to detail, they all agree that primarily alimony is an allowance to the wife from the husband for her support in a divorce action in lieu of the legal obligation of the husband to support her. 2 Nelson, Divorce and Annulment, § 14.02....

incorporated as section 14-2-65(L) of the City of Kissimmee Land Development Code: SECTION L. § 14-2-65 GENERAL

an illegal dividend under Georgia law, O.C.G.A. § 14-2-640(c). Stephens moved the Bankruptcy Court to

member’s right to receive distributions”); O.C.G.A. § 14-2-140 (defining "shares” as the "units into which

2006) (quoting Trawick’s Fla. Practice & Procedure § 14-2 at 225 (2006)). Despite the title of “Fourth Amended

also 2 Wayne R. LaFave, Substantive Criminal Law § 14.2 (2d ed.), Westlaw (database updated October 2016)

that is administratively dissolved pursuant to § 14-2-Í421 of the Official Code of Georgia Annotated

business and affairs under Code Section 14-2-1405.” O.C.G.A. § 14-2-1421(c) (Supp.1992). Section 1405

Code (1998); Title 15, § 901, Vt. Stat. (1998); § 14-2-203, Wyo. Stat. (1998). A small number of states

enough." Trawick's Florida Practice & Procedure § 14-2 at 225 (2006). The case has reached "a point in

incident." 31 C.F.R. § 3.2(a); see also 28 C.F.R. § 14.2(a). This "sum certain" requirement is a prerequisite

member's right to receive distributions”); O.C.G.A. § 14-2-140 (defining “shares” as the “units into which

mismanagement, and waste of corporate assets. Section 14-2-152.1(a)(l) of the Georgia Code requires directors

provision] ... is set out in the Comment to O.C.G.A. § 14-2-86"); Cox v. Fowler , 279 Ga.

render the corporation insolvent[.] O.C.G.A. § 14-2-91 (1988). Similarly, Georgia’s stock repurchasing

claim for money damages in a sum certain. 28 C.F.R. § 14.2. A claim under the FTCA accrues at the time of

of customer fees and charges. Specifically, Section 14(2) mandates that charges shall be `just and equitable'

Ga. 43, 287 S.E.2d 203, 205 (1982); Ga.Code Ann. § 14-2-843. Fletcher Cyc. of Corps., § 357

offence.... Id. § 14(1). “Legal size” is defined in § 14(2)(a)(ii) as seven ounces. . There is some confusion

member's right to receive distributions"); O.C.G.A. § 14-2-140 (defining "shares" as the "units into which

fresh start in life. 1A Collier on Bankruptcy, § 14.02 (14th ed. 1978); see also Lines v. Frederick, 400

is received by a federal agency. See 28 C.F.R. § 14.2(a); Bailey v. United States, 642 F.2d 344, 346-47

does one of three things. See O.C.G.A. § 14-2-824(d) ("A director who is present at a meeting

(quoting Trawick’s Florida Practice & Procedure § 14-2 at 225 (2006))). CONCLUSION We affirm the trial

(2018); Cal. Fam. Code § 301 (2018); Colo. Rev. Stat. § 14-2-106 (2018); Conn. Gen. Stat. § 46b-20a (2018);

18. This alone warrants affirmance. See Ga. Code § 14-2-504 (providing for service of process to a corporation’s

recovery of an illegal dividend pursuant to O.C.G.A. § 14-2-640. (Doc. # 1-16). Appellee filed a motion to

the answer lies in the proper construction of Section 14(2) in the light of Section 13 of said Act. Section

an illegal dividend under Georgia law, O.C.G.A. § 14-2-640(c). Stephens moved the Bankruptcy Court to

occurred by reason of the incident.” 28 C.F.R. § 14.2(a). “When the sum certain is omitted, the administrative

member's right to receive distributions”); O.C.G.A. § 14-2-140 (defining "shares” as the "units into which

Subcontract. Specifically, Rogers claims that § 14.2(b) of the Bright/A-1 Subcontract expressly excludes

regardless of cause.... R53-1172 Exh. A at 14.1. Section 14.2 further provides that KUA “assumes all liability

the corporation has refused to do so. O.C.G.A. § 14-2-742. If, following rejection of his demand, the

Newberg & Alba Conte, Newberg on Class Actions § 14.02 (3d ed.1992). A judgment cannot be entered without

of a material fact. § 14:2. Summary Judgment, 5 Fla. Prac., Civil Practice § 14:2 (2023 ed.) (citations

(adopting by direct citation the definition in § 14-2-1110); 14-2-624 (same); 14-2-1131 (same); 33-1-25(b)(1);

that corporation’s liabilities, see Ga. Code Ann. § 14-2-622, the Caceres Defendants contend that Leighton

So.2d 536 (Fla. 2d DCA 1963); 1A Couch on Ins. § 14:2 (A "policy is effective from the date stated, not