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

• Coleman v. McCORMICK
  874 F.2d 1280· 9th Cir.· 1989-05-05 ·cited 22×
  The court held that the defendant's sentence must be reversed due to procedural issues in place at the time of trial regarding capital punishment hearings.
• Brady v. Chem. Constr. Corp.
  740 F.2d 195· 2d Cir.· 1984-07-31 ·cited 22×
  The court held that the district court did not abuse its discretion in denying the insurers' motion for a new trial, and that the appeal was frivolous, warranting sanctions.
• Parker v. The Dinsmore Co.
  443 So. 2d 356· Fla. 1st DCA· 1983-12-29 ·cited 22×
  The Parkers appealed a summary judgment foreclosure on their home mortgage held by Dinsmore Company, arguing that material factual disputes existed regarding estoppel and waiver defenses. The court reversed, holding that summary judgment was improper because genuine issues of mat
• United States v. Muench
  694 F.2d 28· 2d Cir.· 1982-11-17 ·cited 22×
  The court held that possession of controlled substances within U.S. territory with intent to distribute is a violation of 21 U.S.C. § 841(a)(1), regardless of whether the intent is to distribute within or outside the U.S., and regardless of whether the defendant passes through U.
• United States v. Carmine Romano and Peter Romano
  684 F.2d 1057· 2d Cir.· 1982-06-24 ·cited 22×
  The court held that the receipt of television sets by a union pension fund trustee, given by a bank for depositing fund money, constituted a violation of 18 U.S.C. § 1954, and affirmed convictions for RICO and other offenses.
• Jennings v. State
  413 So. 2d 24· Fla.· 1982-04-08 ·cited 22×
  Bryan Jennings was convicted of first-degree murder, kidnapping, and sexual battery in the death of six-year-old Rebecca Kunash and sentenced to death. The Florida Supreme Court vacated the conviction and remanded for a new trial due to Jennings' deprivation of the right to cross
• Grossman v. Johnson
  674 F.2d 115· 1st Cir.· 1982-03-29 ·cited 22×
  A shareholder bringing a derivative action under section 36(b) of the Investment Company Act of 1940 must comply with the demand requirement of Rule 23.1 of the Federal Rules of Civil Procedure, and a demand made after the suit is filed does not cure the defect.
• Landmarks Holding Corp. v. Bermant
  664 F.2d 891· 2d Cir.· 1981-11-17 ·cited 22×
  The court held that the plaintiff's conduct did not violate the Sherman Act because the judicial processes were not corrupted and the plaintiff had meaningful access to adjudicatory tribunals.
• United States v. Cortellesso
  663 F.2d 361· 1st Cir.· 1981-11-09 ·cited 22×
  The court held that the removal of defense counsel due to a conflict of interest did not violate the defendant's Sixth Amendment right to counsel of choice, and that tape recordings were properly admitted into evidence.
• In re Corrugated Container Antitrust Litig. Kraft, Inc. v. Alton BOX Bd. Co.
  659 F.2d 1341· 5th Cir.· 1981-10-29 ·cited 22×
  The court held that disqualification of counsel was proper under Canon 9 of the ABA Code of Professional Responsibility due to the appearance of impropriety arising from a substantial relationship between the firm's prior representation of Kraft and its current representation of
• Maneikis v. ST. Paul Ins. Co. OF Ill.
  655 F.2d 818· 7th Cir.· 1981-08-04 ·cited 22×
  An insurer's wrongful refusal to defend estops it from later asserting policy defenses, such as late notice, and the insurer is liable for the amount of a reasonable settlement negotiated by the insured.
• United States v. Mayo
  646 F.2d 369· 9th Cir.· 1981-05-26 ·cited 22×
  The court affirmed the convictions, finding no reversible error in the sufficiency of evidence, evidentiary rulings, double jeopardy claims, prosecutorial impropriety, prison transfer, voir dire, severance, jury instructions, or claims of ineffective counsel or self-incrimination
• Johnson v. Hopper
  639 F.2d 236· 5th Cir.· 1981-03-12 ·cited 22×
  The court held that the failure to appoint separate counsel for co-defendants, when an actual conflict of interest arose during trial, violated the Sixth Amendment right to effective assistance of counsel.
• Suetta L. Andrews v. Allstate Ins. Co.
  366 So. 2d 462· Fla. 4th DCA· 1978-12-27 ·cited 22×
  The court affirmed disqualification of a law firm representing a wrongful death plaintiff, finding that although the firm had been released by prior clients, the appearance of conflict of interest was sufficient to warrant removal when the firm's attorney had interviewed defendan
• First Wis. Mortg. Tr. v. First Wis. Corp.
  571 F.2d 390· 7th Cir.· 1978-02-24 ·cited 22×
  The court held that the work product generated by disqualified counsel, which did not contain confidential information and was of a type that successor counsel could reproduce, should not be deemed unusable due to a per se rule. The court found that applying such a rule was arbit
• George and Martin Kesselhaut v. The United States
  555 F.2d 791· Ct. Cl.· 1977-05-18 ·cited 22×
  The court held that an inexorable disqualification of an entire law firm due to one attorney's disqualification is too harsh and should be mitigated by appropriate screening procedures when unethical conduct has not occurred.
• Keckeisen v. Indep. Sch. Dist. 612
  509 F.2d 1062· 8th Cir.· 1975-02-10 ·cited 22×
  A school board's policy prohibiting the employment of married couples in an administrator-teacher relationship is permissible under constitutional standards, as it serves a legitimate state interest in preventing conflicts of interest and maintaining faculty morale.
• Duke v. Hoch
  468 F.2d 973· 5th Cir.· 1972-10-05 ·cited 22×
  An insurer controlling a defense must inform its insured of the divergence of interests regarding verdict allocation to avoid placing an impossible burden of proof on the insured in a subsequent garnishment action.
• Dacey v. N.Y. Cnty. Lawyers' Ass'n
  423 F.2d 188· 2d Cir.· 1969-12-08 ·cited 22×
  The court affirmed the dismissal of the complaint, agreeing that the Association had probable cause to initiate unauthorized practice proceedings.
• THE Florida BAR v. Reid F. Moore
  194 So. 2d 264· Fla.· 1966-09-28 ·cited 22×·via Conflicting Interests
  The Florida Bar disciplined attorney Reid F. Moore for representing conflicting interests in the administration of a trust, seeking improper legal opinions, charging excessive contingent fees, and withholding information from remainder beneficiaries. The court reversed the Board
• Randazzo v. United States
  339 F.2d 79· 5th Cir.· 1964-10-21 ·cited 22×
  The court held that a potential conflict of interest existed between the appellant and his co-defendant, requiring the striking of the appellant's counsel. The court also vacated the conviction and remanded for the district court to exercise its discretion regarding sentencing in
• Sunbeam Television Corp. v. Fed. Commc'ns Comm'n
  243 F.2d 26· D.C. Cir.· 1957-03-14 ·cited 22×
  The court held that the Commission erred in failing to consider adversely the contractual arrangements between Biscayne's president and NBC, which created a conflict of interest.
• THE Florida BAR v. Ticktin
  14 So. 3d 928· Fla.· 2009-05-21 ·cited 21×
  The Florida Bar disciplined attorney Peter David Ticktin for violations of conflict of interest rules when he simultaneously represented a client (Johnson) and corporations controlled by that client while acquiring a controlling interest in one corporation and later facilitating
• Happ v. Moore
  784 So. 2d 1091· Fla.· 2001-05-03 ·cited 21×
  William Frederick Happ, a death-sentenced inmate, petitioned for habeas corpus relief based on claims of ineffective assistance of appellate counsel. The Florida Supreme Court denied all five claims, holding that appellate counsel's performance fell within the acceptable range an
• The Sch. Bd. OF Broward Cnty. v. Polera Bldg. Corp.
  722 So. 2d 971· Fla. 4th DCA· 1999-01-06 ·cited 21×
  The School Board of Broward County sought certiorari review of an order denying its motion to disqualify the respondent contractors' law firm based on alleged conflicts of interest involving an attorney who had previously worked at the school board's counsel's firm. The court hel
• THE Florida BAR v. JOY
  679 So. 2d 1165· Fla.· 1996-09-05 ·cited 21×
  The Florida Bar disciplined attorney Daniel Foster Joy for multiple ethical violations arising from his mishandling of escrow funds and conflicted representation. Joy represented both Morrison Court and its minority shareholder Cohen while concealing his dual representation and i
• Bowen v. State
  677 So. 2d 863· Fla. 2d DCA· 1996-05-29 ·cited 21×
  Jimmy Dell Bowen was convicted of second-degree murder, attempted first-degree murder, and carrying a concealed weapon after being denied his request to represent himself. The court reverses because the trial court improperly denied Bowen's Sixth Amendment right to self-represent
• THE Florida BAR v. Clement
  662 So. 2d 690· Fla.· 1995-11-02 ·cited 21×
  The Florida Bar disciplined attorney Peter Charles Clement for misappropriating client funds, making false representations, and committing other serious professional violations across two client matters. The court disbarred Clement, rejecting his argument that his bipolar disorde
• Burnside v. State
  656 So. 2d 241· Fla. 5th DCA· 1995-06-07 ·cited 21×
  Scott Allen Burnside appeals his convictions for murder and related charges, claiming he was denied effective assistance of counsel due to a conflict of interest when the prosecutor threatened to call his trial counsel as a witness, and that the trial court erroneously admitted h
• LEE v. Fla. Dep't OF Ins. & Treas.
  586 So. 2d 1185· Fla. 1st DCA· 1991-09-11 ·cited 21×
  Michael D. Lee challenged the Department of Insurance's use of attorney L. William Porter to represent it in disciplinary proceedings to revoke his insurance license. Lee argued that a settlement agreement between NCCI, Lee, and others contained a provision prohibiting Porter's f
• United States v. Ervin Kindle
  925 F.2d 272· 8th Cir.· 1991-02-15 ·cited 21×
  The court affirmed the convictions, holding that the trial court did not err by failing to inquire into a potential conflict of interest, that contact with sequestered witnesses was not prejudicial, and that other claims regarding confrontation clause rights, severance, evidence
• Geiserman v. MacDONALD
  893 F.2d 787· 5th Cir.· 1990-02-07 ·cited 21×
  The court held that the district court did not abuse its discretion in enforcing discovery timetables by striking the plaintiff's late expert witness designation and granting summary judgment.
• United States v. Horton
  845 F.2d 1414· 7th Cir.· 1988-04-26 ·cited 21×·via Actual Conflict Of Interest
  The court held that the defendant's court-appointed counsel's candidacy for United States Attorney did not constitute an actual conflict of interest adversely affecting his performance, and that the defendant's claims of ineffective assistance of counsel were meritless.
• Booker v. Dugger
  825 F.2d 281· 11th Cir.· 1987-08-05 ·cited 21×
  The court held that the appellant failed to provide clear and convincing evidence of fraud on the court and did not adequately explain the failure to raise the fraud claim in a prior petition, thus affirming the dismissal of his independent action and denial of his habeas corpus
• United States v. Iorizzo
  786 F.2d 52· 2d Cir.· 1986-03-11 ·cited 21×
  The court held that a conviction must be reversed if defense counsel labored under an actual conflict of interest that adversely affected their performance, and that a defendant does not validly waive such a conflict without proper procedural safeguards. The court also held that
• United States v. Biagio Cirrincione and Tom Cirrincione
  780 F.2d 620· 7th Cir.· 1985-12-11 ·cited 21×
  The court held that the defendants knowingly and voluntarily waived their right to separate counsel and that no actual conflict of interest adversely affected their attorney's performance at trial.
• United States v. Powell
  708 F.2d 455· 9th Cir.· 1983-06-14 ·cited 21×
  The court held that the evidence was insufficient to support the drug-related convictions based on inconsistent verdicts and reversed them, but affirmed the conviction for making a false statement on a financial affidavit.
• Winfrey v. Maggio
  664 F.2d 550· 5th Cir.· 1981-12-28 ·cited 21×
  The court held that the petitioner's claims of ineffective assistance of counsel and an unconstitutionally disproportionate sentence lacked merit, and that a claim of conflict of interest was unexhausted.
• Cefalo v. Elwood Moffett
  449 F.2d 1193· D.C. Cir.· 1971-09-03 ·cited 21×
  The appellate court modified a preliminary injunction to allow a union convention to authorize a referendum on a merger, conditioned on district court approval and consideration of the Secretary of Labor's input, to ensure a free and informed vote.
• Ellis Taylor, Jr. v. State
  171 So. 2d 402· Fla. 2d DCA· 1965-02-03 ·cited 21×
  The court held that the defendant's claims regarding insufficient evidence and a conflict of interest with his counsel were not grounds for post-conviction relief.
• Wiggins v. Est. OF April Brown Wright
  850 So. 2d 444· Fla.· 2003-05-22 ·cited 20×
  The Florida Supreme Court resolved a conflict between district courts regarding how to allocate attorneys' fees in wrongful death actions when survivors are represented by separate counsel with competing interests. The Court held that fees should be apportioned based on each atto
• Amendments TO Fla. Rules OF Crim. Procedure 3.851
  797 So. 2d 1213· Fla.· 2001-07-12 ·cited 20×
  The Florida Supreme Court amended Rule 3.851 governing capital postconviction relief procedures to expedite death penalty cases while maintaining fairness and quality. The amendments establish new procedures for appointing counsel, conducting status conferences, and holding evide
• KEY Largo Rest., Inc. v. T.H. OLD Town Assocs., Ltd.
  759 So. 2d 690· Fla. 5th DCA· 2000-04-14 ·cited 20×
  Key Largo Restaurant seeks certiorari review of an order disqualifying its attorney Robert Anthony from representing it in a breach of contract action against former landlords. The court affirms the disqualification, finding that Anthony's prior representation of the landlords in
• Forrest Hope v. State
  654 So. 2d 639· Fla. 4th DCA· 1995-05-10 ·cited 20×
  The court reversed Forrest Hope's strong-armed robbery conviction because the trial court erred by denying the public defender's motion to withdraw based on a conflict of interest. The public defender's office had previously represented the alleged victim, creating an impermissib
• Swensen's ICE Cream Co. v. Voto, Inc.
  652 So. 2d 961· Fla. 4th DCA· 1995-04-05 ·cited 20×
  Swensen's Ice Cream Company sought to overturn an order disqualifying its counsel McHugh from representing it in a franchise dispute. The court held that disqualification was improper because McHugh would not testify against Swensen's interests, his testimony would be cumulative,
• Rock v. State
  622 So. 2d 487· Fla. 1st DCA· 1993-07-07 ·cited 20×·via Conflict Of Interest In Legal Representation
  Terry Rock appealed his conviction, challenging the trial court's decision to conduct simultaneous jury selection for three unrelated cases with different defendants in the same courtroom. The First District Court of Appeal affirmed, holding that simultaneous jury selection does
• United States v. Eisen
  974 F.2d 246· 2d Cir.· 1992-08-17 ·cited 20×
  The court affirmed the RICO convictions, holding that a scheme to defraud civil litigants of money through mail fraud and witness bribery constitutes racketeering activity under RICO, and that the definition of 'witness' under New York Penal Law § 215.00 includes individuals paid
• United States v. Tatum
  943 F.2d 370· 4th Cir.· 1991-08-14 ·cited 20×
  The dissenting judge believes the majority erred in finding that the prior counsel's conflict of interest inevitably tainted the trial counsel's representation without sufficient record evidence.
• Warren v. City of Tampa
  693 F. Supp. 1051· M.D. Fla.· 1988-08-08 ·cited 20×
  The court approved the settlement agreement and certified the class action, finding the settlement fair, adequate, and reasonable given the uncertainty of the litigation's outcome.
• United States v. Petz
  764 F.2d 1390· 11th Cir.· 1985-07-05 ·cited 20×·via Actual Conflict Of Interest
  The court held that the record did not clearly establish an unequivocal waiver of the right to conflict-free counsel, deferring the issue to a collateral proceeding.