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

• Am. Postal Workers Union, AFL-CIO v. United States Postal Serv.
  764 F.2d 858· D.C. Cir.· 1985-06-14 ·cited 20×
  The court held that the USPS could lawfully restrict on-premises voter registration to nonpartisan organizations but vacated the judgment on the ban of employee participation, remanding for consideration of non-constitutional grounds under the Hatch Act.
• Neubauer v. Hort Soper
  463 So. 2d 328· Fla. 4th DCA· 1985-01-04 ·cited 20×
• Rhodes v. Chicago Ins. Co.
  719 F.2d 116· 5th Cir.· 1983-11-10 ·cited 20×
  The court held that the insurer's duty to defend is determined by the pleadings, and a breach of this duty can estop the insurer from denying coverage or enforcing policy conditions.
• United States v. Unger
  700 F.2d 445· 8th Cir.· 1983-02-18 ·cited 20×
  The court held that Crystal Unger did not knowingly waive her right to separate counsel, and the conflict of interest adversely affected her sentencing, thus vacating her sentence.
• A-T-O, Inc. v. Pension Benefit Guar. Corp.
  634 F.2d 1013· 6th Cir.· 1980-11-12 ·cited 20×
  The court held that the pension plan benefits were 'nonforfeitable' under ERISA, and that the PBGC correctly interpreted 'unreasonable hardship' to mean substantial economic hardship, not broader equitable considerations.
• Rutledge v. Louie L. Wainwright
  625 F.2d 1200· 5th Cir.· 1980-09-17 ·cited 20×
  The court held that the appellant's claims of ineffective assistance of counsel and inadequate review were insufficient to warrant habeas corpus relief.
• Caldwell v. Ogden SEA Transp., Inc.
  618 F.2d 1037· 4th Cir.· 1980-03-27 ·cited 20×
  The court held that a reassignment of a right of action for personal injuries should be allowed under federal law, and that a longshoreman should have a procedure to secure their statutory share in the proceeds of an action against a tortfeasor.
• Jones v. The United States
  617 F.2d 233· Ct. Cl.· 1980-03-19 ·cited 20×
  The court held that the dismissal of a meat inspector for accepting a gratuity was supported by substantial evidence and was not an abuse of discretion or discriminatory.
• United States v. Bennie Carter
  613 F.2d 256· 10th Cir.· 1979-11-27 ·cited 20×
  The court held that the defendants' arguments regarding severance, ineffective assistance of counsel, admission of evidence, and prosecutorial misconduct were without merit, and affirmed their convictions.
• Harland Hahn and Caroline Hahn v. Becker
  588 F.2d 768· 7th Cir.· 1979-01-22 ·cited 20×
  The court held that defendants' failure to timely file post-trial motions under Rules 50(b) and 59(b)/(e) F.R.Civ.P. foreclosed appellate review of issues not properly preserved, including excessive verdicts and the insurance company's challenge to separate judgments.
• Roberts v. State
  345 So. 2d 837· Fla. 3d DCA· 1977-05-03 ·cited 20×
  The Florida District Court of Appeal held that a trial court abused its discretion by denying a public defender's motion to withdraw when the State intended to call another assistant public defender from the same office to testify against the defendant at sentencing, creating a c
• Rosalind Fogel and Gerald Fogel v. Chestnutt
  533 F.2d 731· 2d Cir.· 1975-12-30 ·cited 20×
  The court held that the defendants had a duty to recapture excess brokerage commissions for the benefit of the fund, and that the trial court erred in dismissing the action.
• Cont'l Mgmt., Inc. v. The United States
  527 F.2d 613· Ct. Cl.· 1975-12-17 ·cited 20×
  The court held that the government can recover the amount of bribes paid by a predecessor corporation's president to federal employees, even without proving specific monetary damages, as the act of bribery itself creates a presumption of harm.
• G. A. Enters., Inc. v. Leisure Living Cmtys., Inc.
  517 F.2d 24· 1st Cir.· 1975-05-27 ·cited 20×
  The court held that a plaintiff in a stockholder derivative action may be disqualified if their principal's interests are adverse to the corporation and its shareholders, creating a conflict that could influence the litigation.
• United States v. Hankish
  462 F.2d 316· 4th Cir.· 1972-07-10 ·cited 20×
  The court held that it would not take jurisdiction over the petition for review of the disqualification order, finding it was not properly before the court as an appeal or a writ of mandamus.
• United States v. Miller
  463 F.2d 600· 1st Cir.· 1972-07-07 ·cited 20×
  The court held that restricting repetitive cross-examination, denying a motion to withdraw counsel due to potential conflict, and proceeding with trial in absentia were all within the trial court's discretion and did not violate defendants' rights.
• United States v. Cook
  461 F.2d 906· 5th Cir.· 1972-06-01 ·cited 20×
  The court held that the defendant was not prejudiced by the trial court's rulings regarding alleged conspiracy variances, co-conspirator testimony, and a violated stipulation, and that the trial judge's conduct was not prejudicial.
• Holland v. Henderson
  460 F.2d 978· 5th Cir.· 1972-05-08 ·cited 20×
  The court held that dual representation by counsel in a joint trial, where the attorney's strategy to establish an alibi for one co-defendant prejudiced the other by preventing effective cross-examination, constitutes ineffective assistance of counsel.
• United States ex rel. Samuel Ross v. LaVALLEE
  448 F.2d 552· 2d Cir.· 1971-09-03 ·cited 20×
• Gov't of the Virgin Islands v. Reinhold John
  447 F.2d 69· 3d Cir.· 1971-07-20 ·cited 20×
  The court held that the trial judge's failure to provide cautionary instructions regarding impeachment evidence and the inadequate instruction on the relevance of the complainant's reputation for chastity constituted reversible error. Additionally, joint representation of co-defe
• Cleburn Lee Marshall v. United States
  423 F.2d 1315· 10th Cir.· 1970-03-23 ·cited 20×
  The court held that the trial court erred by conducting an adversary hearing instead of an ex parte proceeding to determine the need for investigative services under the Criminal Justice Act, and by designating the FBI to provide such services, which created a conflict of interes
• United States v. Paz-Sierra
  367 F.2d 930· 2d Cir.· 1966-10-14 ·cited 20×
  The court held that the defendant's constitutional rights were not violated by joint representation without an affirmative judicial determination of waiver, nor by the denial of a motion to disclose an informant whose participation was not established and whose identity was known
• Potomac Elec. Power Co. v. Wynn
  343 F.2d 295· D.C. Cir.· 1964-12-21 ·cited 20×
  An employee may bring a third-party action even after the statutory assignment period if the employer-assignee clearly does not intend to bring suit.
• Cmty. Counselling Serv. v. Reilly
  317 F.2d 239· 4th Cir.· 1963-05-01 ·cited 20×·via Conflicting Interests
  A former employee's pretrial deposition admissions can be used as substantive evidence against him, even if he testifies at trial.
• John P. McNUTT Ad Litem of the Estate of Morris Margolis v. Sherrill
  141 So. 2d 309· Fla. 3d DCA· 1962-05-22 ·cited 20×
  The court held that the trial court did not abuse its discretion in denying the defendant's motions to amend the answer and continue the summary judgment hearing.
• Phelan v. Middle States OIL Corp.
  220 F.2d 593· 2d Cir.· 1955-01-11 ·cited 20×
  The court held that the appellants must bear the entire cost of printing the Joint Appendix due to the unanimous dismissal of a claim against one appellee.
• Nat'l Labor Relations Bd. v. Jones & Laughlin Steel Corp.
  154 F.2d 932· 6th Cir.· 1946-04-04 ·cited 20×
  The court held that the National Labor Relations Board erred in ordering the employer to bargain with a union representing plant guards who also serve as public police officers, due to the inherent conflict of interest.
• Peterson v. State
  221 So. 3d 571· Fla.· 2017-07-06 ·cited 19×
  Robert Earl Peterson, convicted of first-degree murder and sentenced to death based on a 7-5 jury recommendation, appeals the denial of his motion to vacate conviction and sentence. The Florida Supreme Court affirmed the denial of postconviction relief on guilt-phase ineffective
• THE Florida BAR v. ST. Louis
  967 So. 2d 108· Fla.· 2007-05-03 ·cited 19×
  Roland Raymond St. Louis, Jr., a shareholder in a law firm representing Benlate claimants against DuPont, entered into a secret engagement agreement with DuPont restricting his right to practice against DuPont in exchange for $6.4 million, while concealing this arrangement from h
• Turner Greenberg Assocs., Inc. v. Pathman
  885 So. 2d 1004· Fla. 4th DCA· 2004-11-03 ·cited 19×
  Turner Greenberg Associates appeals a trial court order certifying a class action brought by Wayne Pathman alleging that the furniture retailer violated Florida's Deceptive and Unfair Trade Practices Act by failing to disclose that shipping charges included a profit markup. The F
• In re Guardianship OF J.D.S. Jennifer Wixtrom v. Dep't of Child. & Families
  864 So. 2d 534· Fla. 5th DCA· 2004-01-09 ·cited 19×
  Jennifer Wixtrom sought appointment as guardian of the fetus of J.D.S., a severely incapacitated woman pregnant from sexual battery, arguing that such guardianship was necessary to protect fetal interests from potential conflicts with the mother's guardian. The Florida appellate
• Perez-Abreu, Zamora & De La Fe, P.A. v. Taracido
  790 So. 2d 1051· Fla.· 2001-07-12 ·cited 19×
  The Florida Supreme Court resolved a conflict between two precedents regarding when a legal malpractice cause of action accrues in transactional cases. The Court held that in malpractice actions related to underlying judicial proceedings, the statute of limitations does not begin
• Owen v. State
  773 So. 2d 510· Fla.· 2000-09-21 ·cited 19×
  Duane Eugene Owen appeals the denial of post-conviction relief on his Rule 3.850 motion in a capital murder case. The Florida Supreme Court affirmed the denial, finding that Owen's strategic decision to terminate the evidentiary hearing after calling only one witness who could no
• City OF Lauderdale Lakes v. Enter. Leasing Co.
  654 So. 2d 645· Fla. 4th DCA· 1995-05-10 ·cited 19×
  The City of Lauderdale Lakes sought certiorari review of an order disqualifying its entire law firm because one attorney would testify as a witness. The court held that while the individual attorney's disqualification was proper, disqualifying the entire firm was an abuse of disc
• THE Florida BAR v. Niles
  644 So. 2d 504· Fla.· 1994-10-27 ·cited 19×
  The Florida Bar disciplined attorney Peter L. Niles for multiple ethical violations stemming from his arrangement with a television program to interview his death-sentenced client at a correctional facility without her informed consent, accepting a $5,000 fee, and misrepresenting
• Boudreau v. The Honorable James T. Carlisle
  549 So. 2d 1073· Fla. 4th DCA· 1989-09-19 ·cited 19×
  The court addressed whether a trial court must grant a defendant's motion to discharge court-appointed counsel or the counsel's motion to withdraw when the defendant files a malpractice complaint and grievance alleging incompetence. The court held that filing such complaints does
• Edgemon v. A.L. Lockhart
  768 F.2d 252· 8th Cir.· 1985-07-17 ·cited 19×
  The court held that the petitioner's claim of a conflict of interest due to his counsel also representing a sheriff and a prosecution witness was sufficiently pleaded and required an evidentiary hearing, as did the claim that counsel failed to challenge a potentially mentally inc
• Frederico Rodriguez v. Compass Shipping Co. Ltd.
  617 F.2d 955· 2d Cir.· 1980-03-19 ·cited 19×
  A settlement agreement approved by a claims examiner constitutes an 'award' under 33 U.S.C. § 933(b), triggering the assignment of the employee's claim to the employer if suit is not filed within six months, and the employer's lack of intent to sue does not invalidate the assignm
• Snead v. United States Trucking Corp.
  380 So. 2d 1075· Fla. 1st DCA· 1980-02-18 ·cited 19×
  In this stockholders' derivative suit, the court held that a lease extension agreement executed by corporate officers with conflicting interests is voidable even without proof of actual fraud when the transaction was not arms-length. The trial court's judgment denying rescission
• Autry Lee Jones v. Henderson
  549 F.2d 995· 5th Cir.· 1977-03-31 ·cited 19×
• Petition of the Comm. ON Standards OF Conduct FOR Judges
  327 So. 2d 5· Fla.· 1976-02-03 ·cited 19×
  The Florida Supreme Court established a Committee on Standards of Conduct for Judges to provide advisory opinions to judges regarding the propriety of their contemplated judicial and non-judicial conduct. The Court prescribed the Committee's composition, procedures, and authority
• Gov't Emps. Ins. Co. v. Grounds
  311 So. 2d 164· Fla. 1st DCA· 1975-04-16 ·cited 19×
  Government Employees Insurance Company appeals a judgment in favor of its insured for failing to settle a claim within policy limits despite a clear settlement offer. The court affirmed the excess liability judgment but reversed the attorney's fee award, holding that the insurer'
• Cayson v. State
  139 So. 2d 719· Fla. 1st DCA· 1962-04-12 ·cited 19×
  Jesse and Doyle Cayson, convicted of murder and sentenced to life imprisonment, sought a writ of error coram nobis based on allegations that their trial attorney had withheld information about a former client who allegedly confessed to the murder. The Florida District Court of Ap
• United States v. Bowen
  290 F.2d 40· 5th Cir.· 1961-05-02 ·cited 19×
  The court held that a former government employee's alleged self-dealing and acceptance of fees in projects related to his employment constitutes a breach of fidelity, entitling the government to an accounting of all profits, not just salary during overlapping periods.
• Commercial Nat. Bank in Shreveport v. Connolly
  176 F.2d 1004· 5th Cir.· 1949-09-06 ·cited 19×
  The court held that the contract was binding, the New Bank acquired title to Class A and B assets, and the expenses of the receivership should be paid from the fund administered by the receiver.
• Apthorp v. Detzner
  162 So. 3d 236· Fla. 1st DCA· 2015-02-23 ·cited 18×
  Appellant James Apthorp sought a declaratory judgment that Florida's qualified blind trust statute violates the constitutional requirement of full and public financial disclosure. The Florida District Court of Appeal vacated the trial court's declaratory judgment, holding that Ap
• Krautheim v. State
  38 So. 3d 802· Fla. 2d DCA· 2010-06-11 ·cited 18×
  Justin Krautheim appealed the denial of his motion to withdraw his plea to violating probation. The court reversed and remanded, holding that Krautheim was entitled to conflict-free counsel and an evidentiary hearing on his motion, as the circuit court erred in summarily denying
• THE Florida BAR v. Cyrus Alan COX
  718 So. 2d 788· Fla.· 1998-10-01 ·cited 18×
  The Florida Supreme Court disbarred attorney Cyrus Alan Cox for twenty-seven violations of the Rules Regulating the Florida Bar across four consolidated disciplinary cases, including dishonesty, misrepresentation, mishandling of client funds, improper conflicts of interest, and n
• Foley v. The Honorable J. Leonard Fleet
  644 So. 2d 551· Fla. 4th DCA· 1994-10-05 ·cited 18×
  A former husband sought a writ of prohibition to disqualify a trial judge in a post-dissolution action after learning the judge's campaign was being coordinated by an associate of opposing counsel's law firm. The court denied the writ because the disqualification motion was filed
• Henderson v. Singletary
  617 So. 2d 313· Fla.· 1993-04-19 ·cited 18×
  Robert Dale Henderson, a death row inmate under three death sentences, sought a stay of execution and challenged his death sentences through a second Rule 3.850 motion and habeas corpus petition. The Florida Supreme Court rejected all claims as either procedurally barred or harml