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

• United States v. Litchfield
  959 F.2d 1514· 10th Cir.· 1992-03-24 ·cited 18×·via Actual Conflict Of Interest
  The court held that the four-point enhancement for being an organizer or leader was improper, but the obstruction of justice enhancement and consecutive sentencing were not. The conviction is affirmed, but the case is remanded for resentencing.
• Brummett v. Camble
  946 F.2d 1178· 5th Cir.· 1991-11-14 ·cited 18×
  Prosecutors are absolutely immune from § 1983 liability for initiating prosecutions, even if they have a conflict of interest or act in a private capacity. A § 1983 malicious prosecution claim accrues upon favorable termination of the underlying criminal proceeding.
• Young v. Herring
  938 F.2d 543· 5th Cir.· 1991-07-26 ·cited 18×
  The court affirmed the denial of the habeas petition, finding that the petitioner's claims regarding ex parte jury communication, prosecutorial misconduct, and ineffective assistance of counsel were without merit or based on frivolous allegations.
• United States v. Mims
  928 F.2d 310· 9th Cir.· 1991-03-14 ·cited 18×
  The court held that the defendant's prior Florida conviction was valid for career offender sentencing because the plea was voluntary and counsel was not ineffective.
• John v. Honorable Michael J. Barron
  897 F.2d 1387· 7th Cir.· 1990-03-08 ·cited 18×
  The court held that appellate jurisdiction for Rule 11 sanctions is lacking if the amount of fees is not determined, that judicial immunity shields a state judge from damages for acts within jurisdiction, and that appeals with perfunctory briefs are dismissed.
• Morgan v. State
  550 So. 2d 151· Fla. 3d DCA· 1989-10-17 ·cited 18×·via Actual Conflict Of Interest
  Andre and Anthony Morgan appealed their drug trafficking and weapons convictions. The court affirmed their convictions but reversed Andre Morgan's sentence due to the state's failure to produce corroborating evidence for disputed juvenile adjudications used in sentencing, while a
• Davis v. Ky. Fin. COS. Ret. Plan
  887 F.2d 689· 6th Cir.· 1989-10-12 ·cited 18×
  The court held that the Retirement Committee's denial of death benefits was not arbitrary and capricious, collateral estoppel did not apply, and equitable claims were preempted by ERISA.
• Duncan v. State OF Ala.
  881 F.2d 1013· 11th Cir.· 1989-08-24 ·cited 18×·via Actual Conflict Of Interest
  The court held that the petitioner knowingly and intelligently waived his right to conflict-free counsel, affirming the denial of his habeas corpus petition.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• Bash v. Firstmark Standard Life Ins. Co.
  861 F.2d 159· 7th Cir.· 1988-11-07 ·cited 18×
  The court held that an appeal from a settlement approval order can only challenge the reasonableness of the settlement, not prior rulings on the merits, and that the settlement in this case was reasonable.
• Coleman v. Smith
  814 F.2d 1142· 7th Cir.· 1987-01-20 ·cited 18×
  The court holds that the Village of Robbins is not liable for acts of its officials that are clearly outside the scope of their employment, distinguishing this case from prior precedent.
• United States v. Foluso Akinseye
  802 F.2d 740· 4th Cir.· 1986-10-02 ·cited 18×
  The court held that the defendants' entrapment defense failed because the jury found them predisposed to commit the crime, and that the pretrial waiver of joint representation was valid despite the court not conducting a further inquiry when one defendant testified.
• In re Century Brass Prods., Inc. v. Int'l Union
  795 F.2d 265· 2d Cir.· 1986-06-30 ·cited 18×
  Vested retiree insurance benefits are a proper subject of bargaining under § 1113, but a conflict of interest prevents the union from representing both active employees and retirees, necessitating a remand to appoint a representative for the retirees.
• United States v. Andrews
  790 F.2d 803· 10th Cir.· 1986-04-30 ·cited 18×
  The court should remand for a hearing to determine if an actual conflict of interest adversely affected counsel's performance, potentially invalidating the guilty plea.
• SUN Studs, Inc. v. Applied Theory Assocs., Inc.
  772 F.2d 1557· Fed. Cir.· 1985-09-13 ·cited 18×
  The court held that an alleged settlement agreement was void under the Oregon Statute of Frauds because it was not subscribed by the party to be charged and could not be performed within one year. The court also addressed the disqualification of attorneys, affirming in part and r
• United States v. Marrera
  768 F.2d 201· 7th Cir.· 1985-07-25 ·cited 18×
  The court affirmed the conviction, finding that even if a conflict of interest existed, the outcome would have been the same.
• Moore v. Nat'l Ass'n of Sec. Dealers, Inc.
  762 F.2d 1093· D.C. Cir.· 1985-06-04 ·cited 18×
  The court held that the district court's approval of a settlement, which included a waiver of attorneys' fees negotiated simultaneously with the merits, was not an abuse of discretion given the specific facts of the case.
• Kaplan v. The Bd. OF Educ. OF the City Sch. Dist. OF the City OF NEW York
  759 F.2d 256· 2d Cir.· 1985-04-08 ·cited 18×
  The court held that the district court properly denied appellants' motion for a preliminary injunction because they failed to demonstrate irreparable harm or a likelihood of success on the merits.
• Schiessle v. Stephens
  717 F.2d 417· 7th Cir.· 1983-09-16 ·cited 18×
  The court held that while the district court erred in applying an irrebuttable presumption, the disqualification of the law firm was nonetheless proper because the attorney who switched firms had knowledge of the opposing party's case and the firm lacked institutional mechanisms
• Evans v. Artek Sys. Corp.
  715 F.2d 788· 2d Cir.· 1983-08-25 ·cited 18×
  The court held that the disqualification of counsel hinges on whether the consultation was for the corporation or for individual minority shareholders, a factual determination not yet made by the lower court.
• Malchman v. Davis
  706 F.2d 426· 2d Cir.· 1983-05-02 ·cited 18×
• In re Carbide Cutoff
  703 F.2d 259· 7th Cir.· 1983-03-25 ·cited 18×
  The court held that the Special Counsel's standing to appeal the bankruptcy court's compromise order was unclear and required clarification from the bankruptcy court regarding the scope of its authority.
• United States v. Alvarez
  696 F.2d 1307· 11th Cir.· 1983-01-31 ·cited 18×·via Actual Conflict Of Interest
  The court held that the failure to conduct a Rule 44(c) inquiry is not reversible error unless an actual conflict of interest is demonstrated. The court also held that sufficient independent evidence linked the appellant to the conspiracy to admit coconspirator statements and sup
• Davis v. Comed, Inc.
  619 F.2d 588· 6th Cir.· 1980-04-16 ·cited 18×
  The court held that the plaintiff lacked standing to bring a shareholder derivative action due to conflicts of interest and inadequate representation, and affirmed the lower court's decision upholding the sale of the hospital property.
• United States v. Conlon
  628 F.2d 150· D.C. Cir.· 1980-04-16 ·cited 18×
  The court held that the indictment for conflict of interest was sufficient and that the terms 'negotiating' and 'arrangement' in 18 U.S.C. § 208(a) should be read broadly, reversing the district court's dismissal of that count.
• Willis v. United States
  614 F.2d 1200· 9th Cir.· 1979-11-05 ·cited 18×
  The court held that the appellant failed to demonstrate an actual conflict of interest or prejudice resulting from joint representation, and the trial court was not required to inquire further absent objective evidence of a conflict.
• Jicarilla Apache Tribe v. United States
  601 F.2d 1116· 10th Cir.· 1979-06-22 ·cited 18×
  The court held that the district court's dismissal order was final and appealable, and that the Tribe had alleged a sufficient case or controversy to invoke federal court jurisdiction.
• Battle v. Clark Equip. Co.
  579 F.2d 1338· 7th Cir.· 1978-06-29 ·cited 18×
  The court held that employees must exhaust intra-union remedies and contract grievance procedures unless specific exceptions apply, and that the employer is not liable for retroactive relief when relying in good faith on union representations of proper ratification.
• In re Investigation Before the February v. Barker
  563 F.2d 652· 4th Cir.· 1977-10-06 ·cited 18×
  The court held that a district court has discretion to disqualify attorneys in a grand jury investigation when an actual conflict of interest may impede the grand jury's function and deprive the public of testimony, even if it deprives a witness of a particular lawyer.
• United States ex rel. Samuel D. Robinson v. Housewright
  525 F.2d 988· 7th Cir.· 1975-11-26 ·cited 18×
  The court held that the trial judge's participation in plea negotiations did not violate constitutional standards, and the defendant was not denied effective assistance of counsel due to his attorney representing multiple defendants with potentially conflicting interests.
• United States v. Badalamente
  507 F.2d 12· 2d Cir.· 1974-11-21 ·cited 18×
  The court held that the non-disclosure of letters from a key government witness to the trial judge and other officials constituted a violation of the Jencks Act and Brady v. Maryland, requiring a new trial for Yagid. Badalamente's conviction was affirmed.
• Greenspun v. Bogan
  492 F.2d 375· 1st Cir.· 1974-02-22 ·cited 18×
  The court held that the district court did not abuse its discretion in approving the settlement of a shareholder derivative suit or in denying a motion to reopen the judgment, as the settlement was fair and the motion was based on excusable neglect.
• Mancuso v. Taft
  476 F.2d 187· 1st Cir.· 1973-03-20 ·cited 18×
  A city charter provision prohibiting classified civil servants from becoming candidates for public office violates the Equal Protection Clause because it is not narrowly tailored to serve a compelling government interest.
• Boston Sec., Inc. v. United Bonding Ins. Co.
  441 F.2d 1302· 8th Cir.· 1971-05-10 ·cited 18×
  The court held that a summary of bad loans was admissible and that an employee's receipt of kickbacks constituted a dishonest act covered by the fidelity bond.
• Jewell Greenberry White v. United States
  396 F.2d 822· 5th Cir.· 1968-06-24 ·cited 18×
  The court held that a conflict of interest arising from joint representation of codefendants, where one codefendant's testimony implicated the other, violated the Sixth Amendment right to effective assistance of counsel. The court also held that the term 'mash' in the relevant st
• Pigott v. Detroit
  221 F.2d 736· 6th Cir.· 1955-03-04 ·cited 18×
  The dissenting judge believes the majority erred by upholding a decision from a biased tribunal, arguing the district court should determine if the union falls under statutory protections.
• Harrel Franklin Braddy v. State
  219 So. 3d 803· Fla.· 2017-06-15 ·cited 17×·via Actual Conflict Of Interest
  Harrel Braddy, sentenced to death for kidnapping, murder, and other crimes, appeals the denial of postconviction relief. The Florida Supreme Court affirmed the denial of a new guilt phase trial but vacated the death sentence and granted a new penalty phase based on Hurst v. Flori
• THE Florida BAR v. Hall
  49 So. 3d 1254· Fla.· 2010-08-26 ·cited 17×
  The Florida Supreme Court disbarred attorney Sherry Grant Hall for engaging in a pattern of dishonesty, fraud, and harassment spanning several years. Hall fraudulently altered a lease agreement with elderly property owners, forged signatures, recorded the fraudulent document, and
• Travelers Indem. Co. v. Royal Oak Enters., Inc.
  344 F. Supp. 2d 1358· M.D. Fla.· 2004-10-13 ·cited 17×
  The court held that the insurer had a duty to defend the entire suit based on the initial negligence allegations, and therefore could not recover defense costs. However, the insurer's duty to indemnify depended on the facts, not just allegations, and it failed to prove the intent
• Neiman v. Galloway
  704 So. 2d 1131· Fla. 4th DCA· 1998-01-21 ·cited 17×·via Conflict Of Interest In Legal Representation
  The court held that unconscionability must be pleaded as an affirmative defense and that the contract was not against public policy based on the record.
• Heidgerd v. Olin Corp.
  906 F.2d 903· 2d Cir.· 1990-06-26 ·cited 17×
  The court held that where an employer's plan summary booklet conflicts with the official plan document, the summary booklet controls, especially when the official plan was not properly filed or distributed as required by ERISA. The court also affirmed that a de novo standard of r
• United States v. Antonino Aiello
  900 F.2d 528· 2d Cir.· 1990-04-02 ·cited 17×·via Actual Conflict Of Interest
  The court held that a habeas petitioner must show an actual conflict of interest that adversely affected his lawyer's performance, and that mere speculation or a theoretical conflict is insufficient to warrant reversal, especially when the alleged conflict is unrelated to the cha
• United States v. Klubock
  832 F.2d 649· 1st Cir.· 1987-10-30 ·cited 17×
  A federal district court cannot adopt a local rule that significantly alters federal grand jury practice and procedure, as this exceeds its rulemaking authority and encroaches upon the Supreme Court's or Congress's power.
• Rehavam Adiel and Rivka Rosenbaum v. Elec. Fin. Sys., Inc.
  513 So. 2d 1347· Fla. 3d DCA· 1987-10-13 ·cited 17×
  The court affirmed the trial court's disqualification of two shareholders as representative plaintiffs in a derivative action, finding that one plaintiff's self-interested motivations to engineer a merger involving his own corporation rendered him unfit to represent the sharehold
• United States v. Padilla-Martinez
  762 F.2d 942· 11th Cir.· 1985-06-11 ·cited 17×
  The court held that the trial court did not err in disqualifying retained counsel due to potential conflicts of interest that the defendants could not knowingly and intelligently waive.
• Piarowski v. Ill. Cmty. Coll. Dist. 515
  759 F.2d 625· 7th Cir.· 1985-04-12 ·cited 17×
  A public college can relocate sexually explicit and racially offensive artwork displayed by a faculty member in a prominent campus location, even if it cannot suppress it entirely, without violating the First Amendment.
• United States v. Fiore John Luciano and William Dunn
  343 F.2d 172· 4th Cir.· 1965-03-03 ·cited 17×·via Conflict Of Interest In Legal Representation
  The court held that the evidence was sufficient to support the conviction of both defendants for transporting a stolen vehicle interstate, and that their joint representation by counsel did not constitute a constitutional abridgment.
• Nat'l Farmers Union Prop. & Cas. Co. v. Howard O'Daniel with the Will Annexed of the Estate of John T. O'Daniel
  329 F.2d 60· 9th Cir.· 1964-02-27 ·cited 17×
  The court held that the insurer's attorney's knowledge and conduct were imputable to the insurer, establishing bad faith for failing to settle within policy limits, and that the cause of action arises upon entry of the excess judgment.
• Pitcher v. David J. Zappitell, Zappitell & Kapral, P.A.
  160 So. 3d 145· Fla. 4th DCA· 2015-04-01 ·cited 16×
  The court held that the trial court erred in granting summary judgment based on a finding that the plaintiff had not provided sufficient evidence to establish causation, as this improperly shifted the burden to the non-moving party.
• Wagner, Vaughan, McLAUGHLIN & Brennan, P.A. v. Kennedy LAW Grp.
  64 So. 3d 1187· Fla.· 2011-04-07 ·cited 16×
  The Florida Supreme Court resolved a conflict between district courts regarding the applicability of the wrongful death attorney fees statute (§ 768.26) to pre-suit settlements and determined how to allocate fees when survivors are represented by separate counsel. The Court held