Conflict Of Interest

2,285 Florida cases classified under this topic · sorted by citation count

• Nason v. Kennebec Cnty. Ceta
  646 F.2d 10· 1st Cir.· 1981-04-23 ·cited 16×
  The court held that the Secretary of Labor had the authority to disallow costs for a CETA employee whose dual role as an elected official created the appearance of political involvement, even without explicit regulations or a Hatch Act violation.
• Armstrong v. Republic Realty Mortg. Corp.
  631 F.2d 1344· 8th Cir.· 1980-09-18 ·cited 16×
  The court held that Republic breached its fiduciary duty as Fortune's agent during prepayment negotiations by acting with a conflict of interest and seeking personal profit, justifying punitive damages.
• United States v. Reece
  614 F.2d 1259· 10th Cir.· 1980-01-18 ·cited 16×
  The court held that the defendants' scheme to defraud their employer of honest services and money through kickbacks constituted mail fraud, and that the admission of similar transaction evidence and the participation of a special assistant in grand jury proceedings were not rever
• Colon v. Fogg
  603 F.2d 403· 2d Cir.· 1979-08-01 ·cited 16×
  Joint representation of co-defendants with conflicting defenses violates the Sixth Amendment right to effective assistance of counsel, even without a showing of specific prejudice.
• Renz v. Lyman A. Beeman and Mary H. Beeman
  589 F.2d 735· 2d Cir.· 1978-11-16 ·cited 16×
  The court affirmed the trial court's decision, finding no proof of corporate mismanagement or fraudulent concealment regarding a stock purchase.
• In re the Special February 1977 Grand Jury. Appeal of United States
  581 F.2d 1262· 7th Cir.· 1978-08-11 ·cited 16×
  The denial of a motion to disqualify an attorney representing multiple witnesses in a federal grand jury proceeding is appealable under the collateral order doctrine, and the district court did not abuse its discretion in denying the motion absent a showing of actual conflict or
• Gray v. Estelle
  574 F.2d 209· 5th Cir.· 1978-05-30 ·cited 16×
  The court held that the district court abused its discretion in denying the respondent's motion for relief from judgment under Rule 60(b)(6) and remanded for a full evidentiary hearing on the conflict of interest and waiver issues.
• United States v. Schilling
  561 F.2d 659· 6th Cir.· 1977-09-02 ·cited 16×
  The court held that the indictment sufficiently alleged a scheme to defraud under the mail fraud statute, as the purported transfer of interest was an active fraud intended to deceive the County Court.
• Am. Emp'rs' Ins. Co. v. King Res. Co.
  556 F.2d 471· 10th Cir.· 1977-05-25 ·cited 16×
  The court held that the district court's order rescinding the insurance policy as void ab initio and approving the modified settlement agreement was supported by substantial evidence and was a fair, adequate, and reasonable compromise.
• Kreda v. Rush
  550 F.2d 888· 3d Cir.· 1977-02-18 ·cited 16×
  The court held that the district court's denial of a motion to disqualify counsel, without specifying the reasons, was not reviewable and required remand.
• Carr v. Learner
  547 F.2d 135· 1st Cir.· 1976-12-27 ·cited 16×
  The court held that a union member's dissatisfaction with the results of collective bargaining, including the pension plan obtained, does not state a claim for breach of fiduciary duty under Section 501 of the LMRDA.
• Nat'l Ass'n of Reg'l Med. Programs, Inc. v. Honorable F. David Mathews
  D.D.C.· 1976-12-13 ·cited 16×
  The court held that an attorney's fee cannot be awarded from unexpended federal grant funds because they belong to the government and are prohibited by 28 U.S.C. § 2412, and that the court lacked personal jurisdiction over individual class members due to inadequate representation
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• Handwerger v. Ginsberg
  519 F.2d 1339· 2d Cir.· 1975-07-16 ·cited 16×
  The court held that it lacked jurisdiction to hear the appeal from the district court's order permitting the suit to proceed as a class action because the order was interlocutory and did not meet the criteria for an exceptional circumstances appeal.
• Carey M. Horowitz v. Henderson
  514 F.2d 740· 5th Cir.· 1975-06-12 ·cited 16×
  The court held that an attorney representing co-defendants with conflicting interests must fully disclose the dual representation and its consequences to ensure a defendant's plea is informed.
• Tankersley v. Albright
  514 F.2d 956· 7th Cir.· 1975-03-20 ·cited 16×
  The dissenting judge would affirm all summary judgments entered by the district court.
• United States v. James
  505 F.2d 898· 5th Cir.· 1975-01-02 ·cited 16×
  The court held that the appellant's claims of ineffective assistance of counsel due to a conflict of interest, prosecutorial misconduct, and insufficient evidence were without merit.
• United States v. Fannon
  491 F.2d 129· 5th Cir.· 1974-03-15 ·cited 16×
  The court held that the failure to disclose a co-defendant's plea bargain to the jury was harmless error, and no conflict of interest existed for the defense attorney.
• Bourget v. Gov't Emps. Ins. Co.
  456 F.2d 282· 2d Cir.· 1972-02-22 ·cited 16×
  The dissenting judge would affirm the lower court's judgment, disagreeing with the majority's interpretation of Connecticut law regarding insurer liability for bad faith settlement negotiations.
• Yablonski v. United Mine Workers of Am.
  448 F.2d 1175· D.C. Cir.· 1971-07-21 ·cited 16×
  The court held that the UMWA's regular outside counsel should be disqualified from representing the union in this derivative action due to its extensive representation of individual officers in related litigation, creating a potential conflict of interest.
• Baker v. State
  217 So. 2d 880· Fla. 1st DCA· 1969-01-23 ·cited 16×
  Baker challenges his 1965 robbery conviction, claiming he was denied effective assistance of counsel when a single public defender was appointed to jointly represent him and his codefendant without his consent. The court applied Florida Supreme Court precedent establishing that j
• Williams v. State
  214 So. 2d 29· Fla. 2d DCA· 1968-09-04 ·cited 16×
  Leroy Williams appealed a guilty plea conviction for robbery, challenging whether joint representation by a single public defender for multiple co-defendants violated his Sixth Amendment right to effective assistance of counsel. The court affirmed, holding that Baker v. State's c
• Davis v. State
  209 So. 2d 701· Fla. 3d DCA· 1968-04-30 ·cited 16×
  This case addresses whether a defendant's conviction can be reversed due to joint representation by a single privately retained attorney, without an express waiver. The court held that defendants who voluntarily choose to be represented by the same private attorney cannot later c
• United States & White Cnty. Bridge Comm'n ex rel. United States v. White Cnty. Bridge Comm'n
  275 F.2d 529· 7th Cir.· 1960-01-11 ·cited 16×
  The court held that the complaint stated a cause of action for equitable relief under Public Law 37, allowing the United States Attorney to bring the action, but that removal of a commissioner was not authorized.
• Kimberly Corp. v. Hartley PEN Co.
  237 F.2d 294· 9th Cir.· 1956-09-10 ·cited 16×
  The court held that Kimberly Corporation's claim to equitable ownership of the patent was barred by laches due to its unreasonable delay in asserting the claim after having actual and constructive notice of facts that should have prompted action.
• Matter of Chicago & W. Towns Railways, Inc.
  230 F.2d 364· 7th Cir.· 1956-02-20 ·cited 16×
  The court held that attorneys who represented a bondholders' committee while their firm also represented a company proposing to purchase the debtor's stock, creating a conflict of interest, should have their fees reduced. The court affirmed the fees for the other attorneys.
• Donovan & Schuenke v. Sampsell
  226 F.2d 804· 9th Cir.· 1955-05-10 ·cited 16×
• In re Fisher
  179 F.2d 361· 7th Cir.· 1950-01-18 ·cited 16×
  The court held that the record did not establish that the respondent attorney sought a compromise for his own financial advantage to the detriment of creditors, and therefore, the disbarment order was not supported by the evidence.
• Mead v. Phillips
  135 F.2d 819· D.C. Cir.· 1943-04-30 ·cited 16×
  The court held that the death of a mentally incompetent widow does not terminate her power to elect between her husband's will and her statutory share, and an equity court can make this election on her behalf even after her death.
• United States v. Grace Evangelical Church of S. Providence Ridge
  132 F.2d 460· 7th Cir.· 1942-12-16 ·cited 16×
  A contract for land purchase is not void as against public policy merely because the government's agent receives a commission from the vendor, provided the principal is fully aware and acquiesces.
• The State of Fla. Upon the Relation of First Am. Bank & Tr. Co. of W. Palm Beach v. Chillingworth
  95 Fla. 699· Fla.· 1928-04-13 ·cited 16×
  This case involves a mandamus petition asking the court to compel a judge to hear a case. The judge had disqualified himself due to a financial interest in the bank whose assets were being collected. The court affirmed the judge's disqualification, holding that any direct pecunia
• Chessler v. ALL Am. Semiconductor, Inc.
  225 So. 3d 849· Fla. 3d DCA· 2016-11-30 ·cited 15×
  The court held that the order disqualifying counsel did not meet the high standard for certiorari review, thus denying the petition.
• In re EL Paso Pipeline P'rs
  2015 WL 1815846· Del. Ch.· 2015-12-02 ·cited 15×
  The Court held that a claim for breach of a limited partnership agreement is a direct claim, not a derivative one, and therefore survived the merger. Even if the claim had dual characteristics, it could be litigated directly post-merger. The Court denied the General Partner's mot
• THE Florida BAR v. Dunagan
  731 So. 2d 1237· Fla.· 1999-02-11 ·cited 15×
  The Florida Supreme Court upheld disciplinary findings against attorney Walter Benton Dunagan for violating multiple professional conduct rules by representing William Leucht in a divorce action against Paula Leucht, his former joint client in business matters, without obtaining
• Cole v. State
  700 So. 2d 33· Fla. 5th DCA· 1997-08-29 ·cited 15×
  Roy Lynn Cole appeals the denial of his ineffective assistance of counsel motion following his conviction for attempted sexual battery with a deadly weapon, aggravated battery, and burglary. Although the court found his trial counsel performed deficiently by failing to investigat
• Burden v. Zant
  24 F.3d 1298· 11th Cir.· 1994-06-15 ·cited 15×
  The Eleventh Circuit reversed the district court's denial of the writ of habeas corpus, holding that the petitioner's trial counsel labored under an actual conflict of interest that adversely affected his performance. This conflict arose from the attorney's representation of both
• Cueto v. State
  633 So. 2d 112· Fla. 2d DCA· 1994-03-11 ·cited 15×
• In re the Est. OF Katherine v. Bell
  573 So. 2d 57· Fla. 1st DCA· 1990-12-26 ·cited 15×
  This case involves beneficiaries appealing a trial court's decision that two certificates of deposit (CDs) purchased by a personal representative using the decedent's funds were not estate assets. The appellate court reversed this decision, finding the CDs were estate assets and
• Whitacre v. Davey
  890 F.2d 1168· D.C. Cir.· 1989-11-17 ·cited 15×
  A Bivens claim requires a heightened pleading standard beyond the prima facie case established for statutory discrimination claims like Title VII, especially when alleging unconstitutional motive.
• Brent v. Smathers
  547 So. 2d 683· Fla. 3d DCA· 1989-07-25 ·cited 15×
  Maxine Brent, a cotrustee and beneficiary of her deceased husband's trust, sued cotrustee George Smathers for breach of fiduciary duty and other beneficiaries for unjust enrichment, claiming she received less than her proper share due to misallocation of capital gains taxes. The
• United States v. Claddis Arrington
  867 F.2d 122· 2d Cir.· 1989-01-23 ·cited 15×
  The court held that the declaration of mistrials was supported by manifest necessity, thus retrial is not barred by the Double Jeopardy Clause. The court also affirmed the admissibility of informant testimony and the rejection of waivers of conflict-free counsel.
• Payton Health Care Facilities, Inc. v. Est. OF Morris Hugo Campbell
  497 So. 2d 1233· Fla. 2d DCA· 1986-07-30 ·cited 15×
  Payton Health Care Facilities and Southeastern Health Care appealed a jury verdict awarding compensatory and punitive damages in a wrongful death action arising from alleged negligent care of a nursing home patient who died from infected decubitus ulcers. The appellate court affi
• United States v. Armin George Phillips
  699 F.2d 798· 6th Cir.· 1983-01-21 ·cited 15×
  An order granting the government's motion to disqualify retained defense counsel in a criminal case is immediately appealable under 28 U.S.C. § 1291 as a collateral order.
• Ehringer v. Brookfield & Assocs., Inc.
  415 So. 2d 774· Fla. 5th DCA· 1982-05-26 ·cited 15×
  The Ehringers appeal a judgment awarding Brookfield and Associates a real estate commission on the sale of their apartment complex. The court reverses, holding that Brookfield failed to establish it was the 'procuring cause' of the sale and that its agent violated her fiduciary d
• United States v. Unger
  665 F.2d 251· 8th Cir.· 1981-12-08 ·cited 15×
• In re TMT Trailer Ferry, Inc. v. Thomas Kirkland for TMT Trailer Ferry, Inc.
  577 F.2d 1296· 5th Cir.· 1978-08-10 ·cited 15×
  The court held that the district court's fee awards for trustee's counsel were excessive and for Protective Committee counsel were inadequate, adjusting them accordingly, while affirming the trustee's fee.
• Albertson's, Inc. v. The Amalgamated Sugar Co.
  503 F.2d 459· 10th Cir.· 1974-10-02 ·cited 15×
  The court held that the trial court did not err in denying class action status for claims based on tying arrangements and price discrimination due to a conflict of interest among class members, but remanded the denial of class action status for claims based on Utah antitrust law
• United States ex rel. Willis S. Marshall v. Wilkins
  338 F.2d 404· 2d Cir.· 1964-11-10 ·cited 15×
  The court held that the record did not sufficiently demonstrate inadequate representation by counsel, but remanded for a new hearing with appointed counsel due to potential unaddressed claims.
• Howell v. Sec'y, Fla. Dep't OF Corr.
  730 F.3d 1257· 11th Cir.· 2013-09-13 ·cited 14×
  The court affirmed the denial of Mr. Howell's federal habeas petition. The concurring opinion found that Mr. Howell's claims of ineffective assistance of counsel, based on the failure to present an intervening cause defense, the trial court's sentencing procedure, and alleged con
• Public Defender v. State
  115 So. 3d 261· Fla.· 2013-05-23 ·cited 14×
  The Florida Supreme Court held that while excessive caseload and underfunding alone cannot be the sole basis for a public defender's withdrawal under Fla. Stat. § 27.5303(l)(d), a public defender may withdraw when competent evidence demonstrates a substantial risk that representa