Conflict Of Interest

2,287 Florida cases classified under this topic, plus 195 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Gregory v. State
  588 So. 2d 676· Fla. 3d DCA· 1991-11-12 ·cited 24×
  Bill Gregory appeals his conviction for burglary with assault, aggravated battery, simple battery, armed robbery, and grand theft. The appellate court affirms his conviction, finding that his ineffective assistance of counsel claim cannot be raised on direct appeal and must inste
• Wright v. State
  581 So. 2d 882· Fla.· 1991-05-09 ·cited 24×
  Joel Dale Wright, a death row inmate, appealed the denial of his postconviction relief motion under Florida Rule 3.850. The Florida Supreme Court affirmed the trial court's denial of all claims in Wright's initial motion for relief but remanded for an evidentiary hearing on a new
• Herring v. State
  580 So. 2d 135· Fla.· 1991-05-02 ·cited 24×
  Ted Herring appeals the denial of his rule 3.850 motion for postconviction relief in his capital murder case, asserting that the court's change in law regarding the cold, calculated, and premeditated aggravating factor and his trial counsel's undisclosed role as a special deputy
• Harich v. State
  573 So. 2d 303· Fla.· 1990-12-13 ·cited 24×
  Roy Allen Harich, sentenced to death for first-degree murder and other crimes, appealed the trial court's denial of postconviction relief claiming his trial counsel's undisclosed position as a special deputy sheriff created a conflict of interest and resulted in ineffective assis
• Junger Util. & Paving Co., Inc. v. Myers
  578 So. 2d 1117· Fla. 1st DCA· 1989-11-15 ·cited 24×
  In a negligence action arising from a vehicular accident, the appellants challenged two rulings: exclusion of expert testimony based on a statutory headlight standard and denial of a motion to disqualify opposing counsel for conflict of interest. The court affirmed the judgment b
• THE Florida BAR v. Alphonse Della-Donna
  583 So. 2d 307· Fla.· 1989-06-22 ·cited 24×
  The Florida Supreme Court affirmed a referee's recommendation to disbar attorney Alphonse Della-Donna for five years based on his unethical conduct involving multiple estates, including charging excessive fees, working under conflicts of interest, and misusing the judicial system
• Williams v. A.L. Lockhart
  849 F.2d 1134· 8th Cir.· 1988-06-24 ·cited 24×·via Actual Conflict Of Interest
  The district court erred in denying the habeas petition without an evidentiary hearing, as there were disputed material facts regarding ineffective assistance of counsel and the state court failed to provide a full and fair hearing.
• Duchesne v. Wylie L. Williams, Jr.
  849 F.2d 1004· 6th Cir.· 1988-06-20 ·cited 24×
• United States v. Tobon-Hernandez
  845 F.2d 277· 11th Cir.· 1988-05-16 ·cited 24×
  The government's violation of the plea agreement by introducing evidence of cocaine found in the house, contrary to the agreement's stipulation, entitles the defendant to specific performance of the agreement, requiring resentencing.
• Am. Fed'n OF Unions Local 102 Health & Welf. Fund v. Equitable Life Assurance Soc'y OF THE United States
  841 F.2d 658· 5th Cir.· 1988-04-08 ·cited 24×
  Holden was an ERISA fiduciary regarding commissions tied to claims paid, but not for advice given before his fiduciary role began. Equitable was not an ERISA fiduciary.
• Interco Sys., Inc. v. Omni Corporate Servs., Inc.
  733 F.2d 253· 2d Cir.· 1984-04-30 ·cited 24×
  An order granting disqualification of counsel in a civil case is immediately appealable, and the trial court did not abuse its discretion in disqualifying counsel who previously represented the opposing party.
• United States v. Punch
  722 F.2d 146· 5th Cir.· 1983-12-23 ·cited 24×
  A district court's failure to address a timely asserted conflict of interest by counsel, including refusing to allow withdrawal or hold required hearings, violates the Sixth Amendment right to effective assistance of counsel.
• Tr. Corp. OF Mont. v. Piper Aircraft Corp.
  701 F.2d 85· 9th Cir.· 1983-03-08 ·cited 24×
  The court held that a nearly three-year delay in objecting to an attorney's representation, after knowing of a potential conflict of interest, constitutes a waiver of the right to disqualify the attorney.
• In re Int'l Bus. Machs. Corp.
  687 F.2d 591· 2d Cir.· 1982-08-13 ·cited 24×
  The court held that the district court had jurisdiction to determine the applicability of the Tunney Act to a stipulation of dismissal, but that the Tunney Act by its terms does not apply to such stipulations. The court granted mandamus to direct the judge to cease further procee
• Adolph Lyons v. City OF LOS Angeles
  615 F.2d 1243· 9th Cir.· 1980-03-28 ·cited 24×
  The court held that the plaintiff had standing to challenge the police department's use of strangleholds, distinguishing the case from prior Supreme Court precedent that required stricter standing requirements for structural injunctions.
• Stephens v. United States
  595 F.2d 1066· 5th Cir.· 1979-05-23 ·cited 24×·via Actual Conflict Of Interest
  The court held that an attorney's concurrent representation of a defendant and a key prosecution witness, where the witness's plea agreement was contingent on testimony, constitutes an actual conflict of interest requiring reversal of the conviction, and prejudice need not be dem
• United States v. Partin
  601 F.2d 1000· 9th Cir.· 1979-05-07 ·cited 24×
  The court held that the defendant's Sixth Amendment right to effective assistance of counsel was not violated, as he knowingly and intelligently waived his right to conflict-free counsel, and no actual conflict of interest prejudiced him. The court also found no reversible error
• In re April 1977 Grand Jury Subpoenas. Gen. Motors Corp. v. United States
  573 F.2d 936· 6th Cir.· 1978-04-05 ·cited 24×
  The court held that it lacked jurisdiction to hear the interlocutory appeal because the grand jury investigation is a criminal matter, and the disqualification issue could be raised after indictment or via contempt. The court also found no ethical conflict of interest in an IRS l
• Kaplan v. Bombard
  573 F.2d 708· 2d Cir.· 1978-02-15 ·cited 24×
  The court held that while joint representation is disfavored, the defendant did not suffer sufficient particularized prejudice to warrant a finding of unconstitutional denial of effective assistance of counsel.
• The Gov't OF India & The Food Corp. of India v. Cook Indus., Inc.
  569 F.2d 737· 2d Cir.· 1978-01-13 ·cited 24×
  The court held that while a substantial relationship between prior and present representations creates a rebuttable presumption of access to confidential information, the presumption should not be irrebuttable, allowing attorneys an opportunity to dispel false impressions.
• In re the Grand Jury Empaneled January 21
  536 F.2d 1009· 3d Cir.· 1976-06-18 ·cited 24×
  The court held that the district court's order disqualifying an attorney from representing multiple grand jury witnesses was reversible due to an insufficient evidentiary basis.
• United States v. Boudreaux
  502 F.2d 557· 5th Cir.· 1974-10-11 ·cited 24×
  The court held that a trial court is not required to warn co-defendants of potential conflicts of interest if no conflict is raised or apparent, and that the admissibility of evidence hinges on relevance, not certainty of identification.
• Austin v. Erickson
  477 F.2d 620· 8th Cir.· 1973-04-20 ·cited 24×
  The court held that the joint representation of co-defendants by a single attorney created an actual conflict of interest that deprived the petitioner of her Sixth Amendment right to effective assistance of counsel.
• United States v. Lanni
  466 F.2d 1102· 3d Cir.· 1972-08-14 ·cited 24×
  The court held that Section 302 of the Taft-Hartley Act prohibits indirect payments made to a union representative through an intermediary, and that the statute is not unconstitutionally vague. The court also affirmed the jury instructions on willfulness.
• United States v. Kaufman
  429 F.2d 240· 2d Cir.· 1970-07-22 ·cited 24×·via Conflict Of Interest In Legal Representation
  The court held that the evidence was sufficient to support the jury's convictions for conspiracy and securities fraud, and that various evidentiary and procedural rulings by the trial court were proper.
• United States v. Calarco
  424 F.2d 657· 2d Cir.· 1970-04-16 ·cited 24×
  The court held that the trial court erred in its jury instructions regarding the consideration of co-conspirator statements, potentially violating due process by allowing hearsay to be used to prove guilt beyond a reasonable doubt.
• United States v. Alphonse F. Cozzi
  354 F.2d 637· 7th Cir.· 1965-12-15 ·cited 24×
  The court held that the defendant's Sixth Amendment right to effective counsel of his choice was not violated by the trial court's refusal to grant a continuance for new counsel when no justifiable basis for the conflict of interest claim was presented.
• Lucina Chavira Gonzales v. United States
  314 F.2d 750· 9th Cir.· 1963-02-26 ·cited 24×
  The court held that the defendant's conviction was valid and that no reversible error occurred during the trial.
• Littleton v. Kincaid
  179 F.2d 848· 4th Cir.· 1950-01-12 ·cited 24×
  The court should allow compensation to the conciliation commissioner beyond nominal statutory fees when the estate is solvent and has a surplus.
• Anderson Trucking Serv., Inc. v. Gibson
  884 So. 2d 1046· Fla. 5th DCA· 2004-10-15 ·cited 23×
  The Florida Fifth District Court of Appeal reversed a trial court's order disqualifying counsel for defendants ICE and Anderson in a wrongful death action. The court held that the plaintiff Gibson lacked standing to seek disqualification of opposing counsel and that even if she h
• Gutierrez v. State
  854 So. 2d 218· Fla. 3d DCA· 2003-07-23 ·cited 23×
  Counsel should have been appointed for an evidentiary hearing on postconviction claims of ineffective assistance of trial counsel when the presentation of evidence (such as alibi witness testimony) would be difficult without attorney assistance, requiring remand for a new hearing
• Stabile v. State
  790 So. 2d 1235· Fla. 5th DCA· 2001-08-10 ·cited 23×
  John Stabile appeals his conviction and life sentence as a principal to armed burglary of a dwelling, challenging the prosecutor's disqualification motion, the validity of his Prison Releasee Reoffender sentence, and the statutory interpretation of qualifying offenses. The Fifth
• Kenn AIR Corp. v. Gainesville-Alachua Cnty. Reg'l Airport Auth.
  593 So. 2d 1219· Fla. 1st DCA· 1992-02-25 ·cited 23×
  Kenn Air Corp. seeks certiorari review of a trial court order denying its motion to disqualify opposing counsel, Leonard E. Ireland, Jr., who had previously represented Kenn Air's predecessor-in-interest, Charter Leasing Corp., in substantially related litigation against the same
• Graham v. Wyeth Labs.
  906 F.2d 1399· 10th Cir.· 1990-06-25 ·cited 23×
  The court held that the exclusion of expert testimony regarding a pre-vaccination stroke was an abuse of discretion, warranting a new trial, and that the district court erred in denying Wyeth's motion for post-judgment relief.
• Yeseta v. Baima
  837 F.2d 380· 9th Cir.· 1988-01-15 ·cited 23×
  The court held that the Plan was not an indispensable party because it was identified in the complaint, its representatives were named, and a judgment was entered against it.
• Harris Tr. & Sav. Bank v. Ellis
  810 F.2d 700· 7th Cir.· 1987-01-27 ·cited 23×
• United States v. Soudan
  812 F.2d 920· 5th Cir.· 1986-12-15 ·cited 23×·via Actual Conflict Of Interest
  The court held that the appellant was not denied effective assistance of counsel, as there was no actual conflict of interest, and that the government's theory of prosecution did not constructively amend the indictment.
• Burger v. Kemp
  753 F.2d 930· 11th Cir.· 1985-02-05 ·cited 23×
  The court held that the defendant was denied effective assistance of counsel due to his attorney's active representation of conflicting interests and failure to present mitigating evidence at sentencing.
• Frank v. Bloom
  634 F.2d 1245· 10th Cir.· 1980-11-05 ·cited 23×
  The court held that the trial court did not err in its jury instructions regarding contract modification, the legal effect of prior awards, or the admission of evidence, and that the jury's verdict was supported by sufficient evidence.
• The HERTZ Corp. v. Ralph M. Parsons Co.
  419 F.2d 783· 5th Cir.· 1969-11-20 ·cited 23×
  Hertz is entitled to indemnification for amounts exceeding the insurance policy limits, but the defense of bad faith and conflict of interest requires further consideration by the district court.
• Beaudine v. United States
  414 F.2d 397· 5th Cir.· 1969-08-14 ·cited 23×
  The court held that the trial court did not err in its rulings regarding evidence, testimony, and the procedure for furnishing Jencks Act statements, affirming the conviction.
• Hutton v. Fisher
  359 F.2d 913· 3d Cir.· 1966-04-12 ·cited 23×
  The court held that a default judgment should be vacated and the case remanded for a trial on liability, despite defense counsel's negligence, due to plaintiff's counsel's procedural irregularities and failure to provide proper notice.
• Kimm v. COX
  130 F.2d 721· 8th Cir.· 1942-09-08 ·cited 23×
  The court affirmed the denial of the petition for removal of the trustee and attorneys, and the denial of their request for return of fees.
• Young v. Norva L. Achenbauch
  136 So. 3d 575· Fla.· 2014-03-27 ·cited 22×
  The Florida Supreme Court quashed the Third District Court of Appeal's decision and reinstated a trial court order disqualifying attorneys Steven Hunter and Philip Gerson from representing petitioners in a suit against FAMRI (a foundation established under a tobacco settlement).
• THE Florida BAR v. Cosnow
  797 So. 2d 1255· Fla.· 2001-10-11 ·cited 22×
  The Florida Bar disciplined attorney Jeffrey Evan Cosnow for ethical violations in his representation of Sharon Robinson and her grandson. The Supreme Court affirmed the referee's findings of guilt for violating competence and conflict-of-interest rules, but imposed a harsher 60-
• Nissan Motor Corp. IN USA v. Carman Orozco
  595 So. 2d 240· Fla. 4th DCA· 1992-03-04 ·cited 22×
  Nissan seeks to disqualify plaintiff's law firm because an associate who previously worked on the case for Nissan's defense counsel later joined plaintiff's firm. The court held that Rule 4-1.10(c) applies rather than the irrefutable presumption of Rule 4-1.9, requiring a factual
• United States v. Blair William Guthrie
  931 F.2d 564· 9th Cir.· 1991-04-25 ·cited 22×
  The court held that the district court erred by not respecting a state court's vacation of a prior conviction for sentencing purposes under the Guidelines, but affirmed the conviction and other rulings.
• United States v. Moscony
  927 F.2d 742· 3d Cir.· 1991-03-08 ·cited 22×
  The court held that the district court did not err in disqualifying the defendant's counsel due to an actual conflict of interest and in suppressing affidavits based on the attorney-client privilege.
• McCONICO v. State OF Ala.
  919 F.2d 1543· 11th Cir.· 1990-12-27 ·cited 22×·via Actual Conflict Of Interest
  The court held that the defendant's trial counsel faced an actual conflict of interest due to simultaneous representation of the defendant and his wife in an insurance claim, and this conflict adversely affected counsel's representation, violating the Sixth Amendment.
• Moulton Keane, M.D. v. Honorable Robert Lance Andrews
  555 So. 2d 940· Fla. 4th DCA· 1990-01-17 ·cited 22×
  A trial judge is not required to disqualify himself based solely on campaign contributions from counsel within legal limits, creating direct conflict with Breakstone v. MacKenzie.