Conflict Of Interest In Legal Representation

175 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Williams v. Stanford
  977 So. 2d 722· Fla. 1st DCA· 2008-03-25 ·cited 7×
  Minority shareholders Paul and James Williams challenged a majority shareholder's transfer of assets from their closely held construction company to a new company as an allegedly unfair squeeze-out transaction. The court held that when minority shareholders allege specific acts o
• Adam Grabski ex rel. Coinbase Global, Inc.
  Del. Ch.· 2026-01-30 ·cited 6×
  In a shareholder derivative action against Coinbase directors and officers for alleged insider trading during the company's direct listing, the Delaware Court of Chancery denied a Special Litigation Committee's (SLC) motion to terminate the lawsuit, finding material disputes rega
• Stoudimire v. State
  760 So. 2d 985· Fla. 5th DCA· 2000-06-07 ·cited 6×
  James Stoudimire sought certiorari review of a trial court's denial of the public defender's motion to withdraw due to a conflict of interest. The court granted the petition, holding that the public defender had a prejudicial conflict because it simultaneously represented Stoudim
• Orange Cnty. v. Corchado
  679 So. 2d 297· Fla. 5th DCA· 1996-08-09 ·cited 6×
  Orange County appeals a trial court order appointing co-counsel to assist in representing a capital murder defendant and requiring the county to pay for such counsel. The court holds that while trial courts may appoint additional counsel in capital cases under appropriate circums
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• Morris v. State OF Cal.
  966 F.2d 448· 9th Cir.· 1991-09-30 ·cited 6×
  The court held that judicial estoppel does not bar a habeas petitioner from asserting a claim of innocence based on ineffective assistance of counsel, and that the petitioner may be entitled to relief if her counsel's performance was deficient and prejudiced her defense.
• United States v. Iles
  906 F.2d 1122· 6th Cir.· 1990-06-28 ·cited 6×
  The court held that the defendant was not deprived of his Sixth Amendment rights when the district court appointed his retained counsel to represent him at government expense after the attorney identified a conflict of interest and the defendant claimed indigency, as the defendan
• Thomas v. Mun. Court OF the Antelope Valley Jud. Dist. OF Cal.
  878 F.2d 285· 9th Cir.· 1989-06-23 ·cited 6×
  The court held that a mistrial declared sua sponte due to an attorney's conflict of interest, which the defendant refused to waive, constituted manifest necessity, thus permitting retrial without violating the Double Jeopardy Clause.
• Minerex Erdoel, Inc. v. Sina, Inc.
  838 F.2d 781· 5th Cir.· 1988-03-03 ·cited 6×
  A district court may not refer an appeal from a bankruptcy court decision to a United States magistrate, as such appeals are exclusively governed by 28 U.S.C. § 158.
• In re Andy Frain Servs., Inc.
  798 F.2d 1113· 7th Cir.· 1986-08-21 ·cited 6×
  The court affirmed the district court's orders, finding no error in the denial of the motion to dismiss, the approval of the sale of assets, or the representation by a single law firm for multiple debtors.
• United States v. Martorano
  610 F.2d 36· 1st Cir.· 1979-12-06 ·cited 6×
  The court vacated its prior opinion and ordered a rehearing en banc, indicating a potential shift in the original holding regarding prejudice from conflict of interest.
• Stein v. United States
  271 F.2d 895· 9th Cir.· 1959-11-16 ·cited 6×
  The court held that the defendant received effective assistance of counsel, as the trial court did not abuse its discretion in denying the continuance and the defense counsel's performance was adequate.
• Am. Pac. Dairy Prods., Inc. v. Siciliano
  235 F.2d 74· 9th Cir.· 1956-06-20 ·cited 6×
  The court held that the district court erred in calculating partnership profits and in failing to order an accounting for post-dissolution profits, but correctly denied jury trials and venue changes. The court also found certain charges in the open book account claim unsupported.
• Lidia Moreno v. Allen
  692 So. 2d 957· Fla. 3d DCA· 1997-04-23 ·cited 4×
  This case addresses the distribution of attorneys' fees and interest stemming from a wrongful death settlement for a deceased child. The court affirmed some fee determinations from its prior decision in Perez v. George, Hartz, Lundeen, Flagg & Fulmer, but reversed awards of addit
• Winston v. Brogan
  844 F. Supp. 753· S.D. Fla.· 1994-01-27 ·cited 4×
  The court held that genuine issues of material fact exist regarding whether the plaintiff was an intended third-party beneficiary of the defendants' legal services and whether the defendants' alleged negligence caused the plaintiff's damages, precluding summary judgment.
• King v. Rowland
  977 F.2d 1354· 9th Cir.· 1992-10-22 ·cited 4×
  The court held that the trial court did not err in failing to declare a mistrial due to a conflict of interest or in physically restraining the defendant during trial, nor did the restraints prevent effective assistance of counsel.
• Saud Tarawneh and Ghada Tarawneh v. State
  562 So. 2d 770· Fla. 4th DCA· 1990-05-16 ·cited 4×
  The court affirmed the convictions, holding that sufficient evidence supported the conspiracy charges and Florida jurisdiction, and that the admission of the recorded conversation was proper.
• United States v. Schmitz
  887 F.2d 843· 8th Cir.· 1989-08-31 ·cited 4×
  The court held that a defendant's knowing and voluntary waiver of separate counsel, confirmed during a detailed plea colloquy, prevents him from later claiming ineffective assistance of counsel due to a conflict of interest.
• Boutwell v. State
  530 So. 2d 1092· Fla. 1st DCA· 1988-09-15 ·cited 4×
  Kenneth Boutwell appeals his conviction for first-degree murder and firearm possession, contending that his trial counsel had an impermissible conflict of interest by representing both Boutwell and a state witness, that this denied him effective assistance of counsel, and that th
• Abelino Rodriguez v. Ricketts
  777 F.2d 527· 9th Cir.· 1985-12-02 ·cited 4×
  The court held that the Due Process Clause does not require state courts to establish a factual basis for a guilty plea absent special circumstances, and that no conflict of interest affected the adequacy of appellate representation.
• Roth v. State
  368 So. 2d 1310· Fla. 3d DCA· 1979-02-27 ·cited 4×
  Defendants Roth, Maruca, and Marrow appealed the denial of their motions to vacate convictions for conspiracy, attempted breaking and entering, and possession of burglary tools, while the State appealed the trial court's grant of a new trial. The court affirmed the denial of the
• Santoro v. United States
  462 F.2d 612· 9th Cir.· 1972-06-29 ·cited 4×
  The court held that the petitioner's claims regarding the right of confrontation, ineffective assistance of counsel due to conflicting interests, and sentencing based on secret information were without merit.
• United States v. McKEE
  462 F.2d 275· 2d Cir.· 1972-06-07 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a mistrial, correctly refused a supplementary jury charge, and properly excluded certain grand jury testimony.
• United States v. Cosentino
  372 F.2d 61· 7th Cir.· 1967-02-01 ·cited 4×
  The court held that the trial court did not err in its handling of attorney representation or in finding sufficient evidence to impute guilty knowledge to the appellant.
• Dawson v. Peyton
  359 F.2d 149· 4th Cir.· 1966-04-08 ·cited 4×
  The court held that the petitioner's allegations of constitutional violations were not supported by the evidence presented in prior proceedings.
• Noble v. Eicher
  143 F.2d 1001· D.C. Cir.· 1944-07-26 ·cited 4×
  Writs of prohibition should not issue to halt an ongoing criminal trial due to alleged conflicts of interest in legal representation, as appeal after judgment is an adequate remedy.
• Givanni Torrell Parks v. State
  319 So. 3d 102· Fla. 3d DCA· 2021-03-17 ·cited 3×
  A post-plea deposition in which a defendant testifies as a cooperating witness against a co-defendant does not constitute a critical stage of the defendant's own criminal proceedings where the denial of counsel would presumptively contaminate the entire proceeding, particularly w
• Daria Pastouhkova Gogoleva v. Soffer
  187 So. 3d 268· Fla. 3d DCA· 2016-02-17 ·cited 3×
  Gogoleva appeals orders dismissing her complaint against defendants for fraudulent inducement regarding a settlement release of a helicopter crash that killed her husband. The court affirms dismissal of her rescission claim due to indispensable parties but reverses dismissal of h
• Gerri Toneatti v. State
  805 So. 2d 112· Fla. 4th DCA· 2002-01-23 ·cited 3×
  The court held that the appellant's Sixth Amendment right to conflict-free counsel was violated when the public defender represented both her and her co-defendant, who had antagonistic defenses.
• United States v. Stuckey
  917 F.2d 1537· 11th Cir.· 1990-10-19 ·cited 3×
  The court held that the trial judge did not abuse his discretion in disqualifying counsel due to a conflict of interest, nor did he err in refusing to allow the defendant to waive that conflict.
• United States v. Onofre R. Gallegos
  975 F.2d 710· 10th Cir.· 1992-09-15 ·cited 2×
  The court held that the district court did not err in excluding expert testimony or in its handling of a juror's acquaintance with a witness. However, the court remanded for a redetermination of the loss calculation for sentencing purposes and for the district court to consider t
• Smiley v. Dir., Off. OF Workers Comp. Programs
  973 F.2d 1463· 9th Cir.· 1992-08-31 ·cited 2×
  The court held that an attorney's concurrent representation of a claimant and the claimant's employer's insurance carrier created a conflict of interest, requiring reversal and remand.
• Henderson v. Smith
  903 F.2d 534· 8th Cir.· 1990-05-09 ·cited 2×
  The court held that a defendant in state court can validly waive their Sixth Amendment right to conflict-free counsel without an on-the-record inquiry, provided the waiver is knowing, voluntary, and intelligent.
• In re Grand Jury Proceedings. Appeal of John DOE
  859 F.2d 1021· 1st Cir.· 1988-10-11 ·cited 2×
  The court held that the district court abused its discretion by disqualifying counsel and holding the witness in contempt without sufficient specific findings of a serious potential conflict of interest, vacating the contempt order and remanding.
• Rockwell v. Dep't of Transp.
  789 F.2d 908· Fed. Cir.· 1986-05-01 ·cited 2×
  The court held that the appeal was frivolous, denying the motion to adduce additional evidence and affirming the removal decision, while imposing a sanction on counsel.
• Suffolk Cnty. Patrolmen's Benevolent Ass'n, Inc. v. Cnty. OF Suffolk
  751 F.2d 550· 2d Cir.· 1985-01-03 ·cited 2×
  The court held that the County's policy of offering a limited panel of independent counsel does not facially violate due process or equal protection rights.
• Urichuck v. Clark
  689 F.2d 40· 3d Cir.· 1982-09-14 ·cited 2×
  The court held that a union may reimburse officers for legal expenses in a Title I suit where the union's interests align with the officers', and no conflict of interest is demonstrated.
• Jackson v. W. I. (Bill) Hollowell
  685 F.2d 961· 5th Cir.· 1982-09-13 ·cited 2×
  A party formally made a defendant in a lawsuit should generally be allowed to retain its own counsel, and the reasonableness of such retention is usually presumed.
• H. S. Equities, Inc. v. Hartford Accident & Indem. Co.
  661 F.2d 264· 2d Cir.· 1981-10-01 ·cited 2×
  The court held that a good-faith settlement by an indemnitee, after the indemnitor was given an opportunity to defend and declined, creates presumptive evidence of facts alleged, which the indemnitor can contest, and that a denial of liability by the insurer waives notice require
• United States v. Villarreal
  554 F.2d 235· 5th Cir.· 1977-06-20 ·cited 2×
  The court held that the defendant's Sixth Amendment right to counsel was not violated by the court allowing him to retain counsel with a potential conflict of interest, as he knowingly waived this right.
• Peters v. Gray
  494 F.2d 327· 7th Cir.· 1974-03-29 ·cited 2×
  A state trial judge's refusal to appoint new counsel for an indigent defendant, based on the defendant's dissatisfaction, does not violate the Sixth Amendment if the defendant received effective assistance of counsel and the trial was not fundamentally unfair.
• Dale Dixon ad Litem of the Estate of Alfonso T. Glover, Jr. v. Green
  425 So. 3d 739· Fla. 5th DCA· 2025-12-05 ·cited 1×
  An attorney who represented a client asserting a claim as sole heir to an intestate estate and later represented opposing parties in the same proceeding against that former client's interests must be disqualified under Florida conflict of interest rules, as both the existence of
• United States v. Pegg
  49 F. Supp. 2d 1322· M.D. Fla.· 1999-04-28 ·cited 1×
  The court held that the defendant's counsel did not operate under an actual conflict of interest that adversely affected his performance, and therefore, the defendant's motion to vacate his sentence is denied.
• United States v. Hanania
  128 F. Supp. 473· M.D. Fla.· 1997-01-29 ·cited 1×
  A defendant's knowing, voluntary, and intelligent waiver of the right to conflict-free counsel can be accepted by the court, even if potential conflicts exist, provided disqualification is not required to uphold the integrity of the proceedings.
• Fasano v. Del. Dep't of Natural Res. & Env't Control
  Del. Super. Ct.· 2025-10-31
  The Merit Employee Relations Board's decision upholding the termination of William Fasano was affirmed. The court found that the Board's decision was supported by substantial evidence, free from legal error, and that Mr. Fasano was afforded his due process rights. Arguments regar
• Mut. of Omaha Mortg., Inc. v. WaterStone Mortg. Corp.
  M.D. Fla.· 2023-08-08
  The court held that a party may not instruct a deponent not to answer based solely on relevance or a perceived conflict of interest, absent specific exceptions like privilege or court order.
• Rogers v. United States
  M.D. Fla.· 2023-08-02
  A defendant's claim of ineffective assistance of counsel based on alleged misadvice regarding sentencing is not grounds to vacate a guilty plea if the plea colloquy clarified the potential sentence and the defendant affirmed understanding.
• Stopa v. Cannon
  330 So. 3d 1033· Fla. 2d DCA· 2021-12-15
  The appellate court affirmed the trial court's denial of a motion to disqualify opposing counsel. The court held that the party seeking disqualification lacked standing because he had no attorney-client relationship with the opposing counsel and therefore no privity.
• Ivey v. State
  Fla. 1st DCA· 2021-07-06
  The appellate court affirmed the appellant's convictions and sentences, finding that his claims of ineffective assistance of counsel and a scoresheet error did not warrant relief on direct appeal. The court noted that ineffective assistance claims, unless apparent from the record
• Reuschel v. Reuschel
  Fla. 1st DCA· 2021-05-14
  The appointment of a custodian with sole authority to operate the marital business and the custodian's decision to hire separate counsel moots any potential conflict of interest arising from a law firm's prior dual representation of the husband and the business.