CopyCited 160 times | Published | Court of Appeals for the Eleventh Circuit | 49 U.S.P.Q. 2d (BNA) 1961, 51 Fed. R. Serv. 752, 1999 U.S. App. LEXIS 3739, 1999 WL 114487
...As one commentator has noted,
"[e]ven when a plaintiff's actual damages include lost profits, there may be a recovery of defendant's
profits in an amount equal to (but not more than) the amount by which defendant's profits exceed
plaintiff's lost profits." 4 Nimmer § 14.03, at 14-30....
CopyCited 105 times | Published | Court of Appeals for the Eleventh Circuit
...As one
commentator has noted, “[e]ven when a plaintiff’s actual damages include lost profits, there may
be a recovery of defendant’s profits in an amount equal to (but not more than) the amount by
which defendant’s profits exceed plaintiff’s lost profits.” 4 Nimmer § 14.03, at 14-30....
CopyCited 85 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 29483, 1993 WL 434730
emulative and shall be served consecutively.” Ala.Code § 14-3-38 (1982) (emphasis added)'. While under this statute
CopyCited 38 times | Published | Florida 4th District Court of Appeal | 1993 WL 152424
appellant's motion for attorneys' fees pursuant to section 14.3 of the Declaration. We affirm all other issues
CopyCited 36 times | Published | Supreme Court of Florida | 2007 WL 2002611
adding the Inferences in §
812.022(2)-(6), Fla. Stat. 14.3 DEALING IN STOLEN PROPERTY (ORGANIZING) §
CopyCited 33 times | Published | Court of Appeals for the Eleventh Circuit | 2006 U.S. App. LEXIS 17990, 46 Bankr. Ct. Dec. (CRR) 224
...convenience only and shall not affect the construction hereof.” We therefore give no interpretive
effect to the Agreement headings mentioned in this opinion.
41
Paying Agent, segregate and hold in trust as provided in Section 14.03) an
amount of money sufficient to pay the Prepayment Price of all the Notes
which are to be prepaid on that date....
CopyCited 29 times | Published | Court of Appeals for the Eleventh Circuit | 45 Fed. R. Serv. 3d 300, 1999 U.S. App. LEXIS 24281
...Van Gemert, the Supreme Court
settled this question by ruling that class counsel are entitled to a reasonable fee based on the funds
potentially available to be claimed, regardless of the amount actually claimed.
Herbert B. Newberg and Alba Conte, Newberg on Class Actions § 14.03, at 14-14 (3d ed.1992).10
In addition to the district court's careful consideration of the Johnson factors and awareness that the
actual claims made could be less than the gross settlement fund, our conclusion that the award is not an abuse
of discretion is supported by the following observations....
CopyCited 26 times | Published | Florida 3rd District Court of Appeal
increases." Trawick's Florida Practice and Procedure § 14-3 at 210 (1980 Edition). See Airlift International
CopyCited 20 times | Published | Supreme Court of Florida | 20 Fla. L. Weekly Supp. 526, 56 A.L.R. 5th 831, 1995 Fla. LEXIS 1618, 1995 WL 598458
...It is also significant that the fund itself is considered the best measure of success in common-fund cases and logically can serve as a benchmark from which reasonable fees can be determined. Camden I,
946 F.2d at 774; Conte, §§ 2.05, at 37, 2.07, at 44; 3 H.B. Newberg, Newberg on Class Actions, §
14.03 at 14-4 (3d ed....
...rd in cases such as this, where the fund is unusually large, can be addressed in a number of ways, including decreasing an otherwise reasonable percentage as the fund increases. Conte, § 2.09 at 55-58; Task Force Report, 108 F.R.D. at 256; Newberg, § 14.03 at 14-14....
CopyCited 19 times | Published | Supreme Court of Florida | 1992 WL 148245
63.1-248.2A2 (Michie 1991); Wyoming: Wyo. Stat. § 14-3-202(vii) (1991), id. § 35-1-201 (1988). [2] We
CopyCited 16 times | Published | District Court, S.D. Florida | 66 A.F.T.R.2d (RIA) 5746, 1990 U.S. Dist. LEXIS 9310, 1990 WL 103620
Friedenthal, Kane and Miller, Civil Procedure, § 14.3 (1985). Both claims at issue here are rooted ultimately
CopyCited 12 times | Published | District Court, S.D. Florida | 2001 U.S. Dist. LEXIS 21861, 2001 WL 1636315
...The Court "rul[ed] that class counsel are entitled to a reasonable fee based on the funds potentially available to be claimed, regardless of the amount actually claimed." Waters v. International Precious Metals Corp.,
190 F.3d 1291, 1297 (11th Cir. 1999), quoting Herbert B. Newberg & Alba Conte, Newberg on Class Actions §
14.03 (3d ed.1992)....
CopyCited 11 times | Published | Court of Appeals for the Eleventh Circuit | 1995 U.S. App. LEXIS 15824, 1995 WL 350836
Villa, however, is not defunct. Under Ga.Code Ann. § 14-3-128 (Michie 1994), Georgian Villa’s certificate
CopyCited 7 times | Published | Court of Appeals for the Eleventh Circuit
...See id.
at 63 (only class member to oppose portion of settlement stipulation at fairness hearing “was just
angry at the reversionary clause.”).
12
Herbert B. Newberg and Alba Conte, Newberg on Class Actions § 14.03, at 14-14
(3d ed....
CopyCited 7 times | Published | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 12396, 1997 WL 523668
...237, 239 (1985). This is true, the objectors argue, because "the effort necessary to achieve recovery dollars at the high end [is] less onerous, on a sliding scale, than the effort expended for recovering the threshold sums...." Newberg on Class Actions, § 14.03 at 14-14 (3d ed.1992)....
CopyCited 6 times | Published | District Court, S.D. Florida | 1980 U.S. Dist. LEXIS 17331
is deemed "significant" as defined in 43 C.F.R. § 14.3(c)(5); and (2) the rule will have an annual economic
CopyCited 4 times | Published | District Court, S.D. Florida | 1997 WL 144966
Nowak & Ronald D. Rotunda, Constitutional Law § 14.3 (5th ed.1995). Even before it determines what level
CopyCited 1 times | Published | Florida 3rd District Court of Appeal
Apportionment, Fla.Bar CLE Basic Estate Planning in Florida § 14.3 (1980).[5] 2. We similarly follow plain statutory
CopyCited 1 times | Published | Court of Appeals for the Eleventh Circuit | 1993 U.S. App. LEXIS 13641
transact business in Georgia as required by O.C.G.A. § 14-3-1502. This statute does not apply to federal
CopyCited 1 times | Published | District Court of Appeal of Florida
N.C. Gen. Stat. § 51-2 (2018); N.D. Cent. Code § 14-03-02 (2018); Ohio Rev. Code Ann. § 3101.01 (2018);
CopyPublished | United States Bankruptcy Court, M.D. Florida | 39 U.C.C. Rep. Serv. (West) 879, 1984 Bankr. LEXIS 4924
purchase price. 3A Bender’s Uniform Comm. Code Serv., § 14.-03[2] (1983). There is no dispute that the Jaegars
CopyPublished | Supreme Court of Florida
language of the first sentence of article I, section 14. 3. In doing so, the trial court followed the
CopyPublished | Court of Appeals for the Eleventh Circuit | 1998 U.S. App. LEXIS 5717
instant situation simply is not contemplated by § 14(3) of the LHWCA. The petitioners argue.that
CopyPublished | District Court, S.D. Florida | 1997 U.S. Dist. LEXIS 3717
Nowak & Ronald D. Rotunda, Constitutional Law § 14.3 (5th ed.1995). Even before it determines what level
CopyPublished | Court of Appeals for the Eleventh Circuit
however, is not defunct. Under Ga.Code Ann. § 14- 3-128 (Michie 1994), Georgian Villa's certificate
CopyPublished | Court of Appeals for the Eleventh Circuit
Plan is “the person or persons described in Section
14.03 of the Plan who are to receive upon the Participant’s
CopyPublished | Court of Appeals for the Eleventh Circuit
Plan is “the person or persons described in Section
14.03 of the Plan who are to receive upon the Participant’s
CopyPublished | Court of Appeals for the Eleventh Circuit | 11 I.E.R. Cas. (BNA) 321, 1995 U.S. App. LEXIS 36093, 67 Empl. Prac. Dec. (CCH) 43, 875, 69 Fair Empl. Prac. Cas. (BNA) 837
Nowak & Ronald D. Rotunda, Constitutional Law § 14.3 (4th ed. 1991). The Supreme Court has used equal
CopyAgo (Fla. Att'y Gen. 1974).
Published | Florida Attorney General Reports
deemed necessary for the people of the district. Section 14(3) of Ch. 72-568, supra, authorizes the district
CopyPublished | Court of Appeals for the Eleventh Circuit
agent, or legal representative.” See also 28 C.F.R. § 14.3(b). And as we USCA11 Case: 21-10401 Date