Conflict Of Interest

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

• United States v. Vargas-Martinez
  569 F.2d 1102· 9th Cir.· 1978-02-21 ·cited 12×
  The court held that the trial court did not err in substituting counsel due to a conflict of interest, nor in denying a continuance, nor in refusing a jury instruction, and that no prosecutorial misconduct occurred.
• Whiting Corp. v. White Mach. Corp. & Eugene B. White, Jr.
  567 F.2d 713· 7th Cir.· 1977-12-07 ·cited 12×
  The court held that the district court did not abuse its discretion in denying the motion to disqualify plaintiff's attorneys, while still directing the attorneys to refrain from advising a related entity on matters related to the litigation.
• United AIR Lines, Inc. v. Civil Aeronautics Bd. [Holding Co. Reorganizations]
  569 F.2d 640· D.C. Cir.· 1977-11-28 ·cited 12×
  The court held that the Civil Aeronautics Board (CAB) had the authority to impose conditions on air carrier certificates to regulate intercorporate transactions with holding companies, even without express statutory power for each specific regulation. The court also found that th
• Kearney & Trecker Corp. v. Cincinnati Milacron Inc.
  562 F.2d 365· 6th Cir.· 1977-09-01 ·cited 12×
  The court affirmed the district court's findings that the Brainard patent was valid and infringed but unenforceable due to fraud on the Patent Office, and that the Morgan patent was invalid. It also affirmed the finding of a Sherman Act Section 2 violation and the award of damage
• Abraham v. United States
  549 F.2d 236· 2d Cir.· 1977-01-21 ·cited 12×
  The court held that the trial judge's thorough inquiry into potential conflicts of interest and the defendants' knowing and voluntary election of joint representation, coupled with a lack of demonstrated prejudice, supported the denial of the motions to vacate convictions.
• Am. Emp'rs' Ins. Co. v. King Res. Co.
  545 F.2d 1265· 10th Cir.· 1976-11-05 ·cited 12×
• In re Keith Monroe. United States v. Adelle Raye White and Jerald E. Evers
  532 F.2d 424· 5th Cir.· 1976-05-27 ·cited 12×
  The court held that the attorney's actions did not constitute contempt because it was physically impossible for him to appear and his delays did not rise to the level of willful or flagrant disregard for the court.
• Alvarez v. Louie L. Wainwright
  522 F.2d 100· 5th Cir.· 1975-10-29 ·cited 12×
  The court held that the defendant was denied effective assistance of counsel due to a conflict of interest, where the attorney prioritized protecting a co-defendant over his client's interests, and the state was aware of this conflict.
• Rosado v. United States
  510 F.2d 1098· 5th Cir.· 1975-04-04 ·cited 12×
  The court held that the district court properly denied the defendant's motion to vacate his conviction and sentence without a hearing.
• United States v. MacKin
  502 F.2d 429· D.C. Cir.· 1974-07-18 ·cited 12×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not err in its rulings regarding probable cause for arrest, mistrial, identification procedures, or cross-examination.
• RAY v. Rose
  491 F.2d 285· 6th Cir.· 1974-01-29 ·cited 12×
  The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
• Irwin Levine v. Am. Exp. Indus., Inc.
  473 F.2d 1008· 2d Cir.· 1973-02-07 ·cited 12×
  The court held that it lacked jurisdiction to hear the interlocutory appeal from the district court's order consolidating actions and appointing counsel.
• United States v. Johnson
  454 F.2d 700· 9th Cir.· 1972-01-26 ·cited 12×
  The court held that the appellant's contentions on appeal lacked merit, affirming his conviction.
• Sanchez v. Nelson
  446 F.2d 849· 9th Cir.· 1971-07-22 ·cited 12×
  The court held that the district court erred in rejecting the ineffective assistance of counsel claim based solely on the consistency of defenses, and that the issue requires further examination.
• Helinda Jimenez v. United States
  397 F.2d 271· 5th Cir.· 1968-06-26 ·cited 12×
  The court held that the evidence sufficiently established guilt and the statutory presumption of possession was applicable, and that the defendant was not prejudiced by the joint representation or the withholding of the informant's identity.
• Davis v. United States
  382 F.2d 221· 9th Cir.· 1967-08-17 ·cited 12×
  The court held that the circumstantial evidence was insufficient to establish that the appellant possessed the contraband.
• Isadora Olshen v. McMANN
  378 F.2d 993· 2d Cir.· 1967-06-09 ·cited 12×
  The court held that the appellant failed to demonstrate a conflict of interest or prejudice from his counsel's prior representation of a prosecution witness, thus affirming the dismissal of his habeas corpus petition.
• Stoy Decker v. United States
  378 F.2d 245· 6th Cir.· 1967-06-09 ·cited 12×
• United States v. Berriel
  371 F.2d 587· 6th Cir.· 1967-01-30 ·cited 12×
  The court held that the appointment of a single attorney for co-defendants is not error without a showing of conflict of interest or prejudice, and that cross-examination regarding prior felony convictions is permissible.
• Conway v. Wilson
  368 F.2d 485· 9th Cir.· 1966-10-28 ·cited 12×
  The court held that the petitioner failed to exhaust his state remedies by not adequately presenting his federal constitutional claims to the state courts.
• Nat'l Labor Relations Bd. v. David Buttrick Co.
  361 F.2d 300· 1st Cir.· 1966-05-26 ·cited 12×
  The court held that the National Labor Relations Board erred in disqualifying a union based solely on a loan from a pension fund to a competitor, without assessing the potential for conflict of interest arising from the interrelationship of powers.
• Goodson v. Peyton
  351 F.2d 905· 4th Cir.· 1965-10-25 ·cited 12×
  A defendant represented by a prosecutor from another county suffers no constitutional prejudice if there is no actual conflict of interest and no prejudice results from the representation.
• Brown v. United States
  334 F.2d 488· 9th Cir.· 1964-06-19 ·cited 12×
  The statute is constitutional and the executive board was within its meaning.
• Case v. State OF N.C.
  315 F.2d 743· 4th Cir.· 1963-03-25 ·cited 12×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest, requiring a new trial.
• Rogers v. Am. CAN Co.
  305 F.2d 297· 3d Cir.· 1962-06-15 ·cited 12×
  The court held that the plaintiff had standing to maintain the derivative action because the allegations of director misconduct and dual loyalties, coupled with the futility of seeking internal remedies, distinguished the case from precedents requiring stockholder approval.
• In re the Woodmar Realty Co. v. McLEAN
  294 F.2d 785· 7th Cir.· 1961-06-23 ·cited 12×
  The court held that the amended petition was insufficient due to a lack of particularity in fraud allegations and was filed in bad faith, constituting an abuse of process.
• Bergeson v. Life Ins. Corp. OF Am.
  265 F.2d 227· 10th Cir.· 1959-03-16 ·cited 12×
  The court held that the first claim for breach of fiduciary duty failed because the corporation suffered no damage, but the second claim for stock issued without adequate consideration could proceed on a quasi-contract theory.
• Spirt v. Bechtel
  232 F.2d 241· 2d Cir.· 1956-03-13 ·cited 12×
  The court held that 'option profits' from stock options are not 'compensation' under the Merchant Marine Act's statutory limit, and officers are not liable for waiving a doubtful tax deduction based on counsel's advice.
• Fruchtl v. Foley
  84 So. 2d 906· Fla.· 1956-01-25 ·cited 12×
  A Florida taxpayer challenged property conveyances involving the City of Ormond Beach's mayor, Leo F. Foley. The court reversed a lower court decision favoring the defendants, holding that Foley could not profit from a sale of municipal property when he was both mayor and a party
• Hayman v. United States
  205 F.2d 891· 9th Cir.· 1953-06-12 ·cited 12×
  The court held that the appellant was not deprived of effective assistance of counsel, as any potential conflict of interest was known and consented to by the appellant, and his defense was not prejudiced.
• Fiske v. Buder
  125 F.2d 841· 8th Cir.· 1942-02-16 ·cited 12×
  The court held that the district court had the power to hear the motion to vacate the commission allowance due to extrinsic fraud, and that the appellants were not barred by laches.
• Richardson v. State
  141 Fla. 218· Fla.· 1940-01-02 ·cited 12×
  The Florida Supreme Court affirmed a lower court's decision to suspend an attorney for six months. The court held that a disbarment motion need not be sworn and that the attorney's conduct in dealing in bonds while acting as a receiver constituted a breach of professional ethics.
• Pohl Beauty Sch., Inc. v. City of Miami
  118 Fla. 664· Fla.· 1935-03-07 ·cited 12×
  Pohl Beauty School challenged a Miami ordinance regulating beauty culture schools, alleging that city officials were unlawfully refusing to renew the school's certificate of registration based on competitive self-interest rather than legitimate regulatory grounds. The Florida Sup
• Standard Accident Ins. Co. v. Duval Lumber Co.
  99 Fla. 525· Fla.· 1930-03-12 ·cited 12×
  Standard Accident Insurance Company, as surety on a builder's bond, appealed the sustained demurrers to three affirmative pleas in a suit by a materialman for unpaid building supplies. The Florida Supreme Court affirmed, holding that the pleas were fatally defective and did not e
• Howell v. State
  109 So. 3d 763· Fla.· 2013-02-19 ·cited 11×
  Paul Augustus Howell, convicted and sentenced to death for constructing a bomb intended to kill a witness that instead killed a Florida Highway Patrol Trooper, appeals the denial of his successive postconviction motion filed just before his scheduled execution. The Florida Suprem
• Roger E. Freilich, D.M.D., P.A. v. Shochet
  96 So. 3d 1135· Fla. 4th DCA· 2012-09-12 ·cited 11×
  Dr. Freilich sought to disqualify his former attorney Shochet from representing the buyer in an arbitration proceeding, arguing a conflict of interest. The trial court compelled arbitration of the disqualification dispute based on the parties' arbitration agreement, and the appel
• Allapattah Servs., Inc. v. Exxon Corp.
  454 F. Supp. 2d 1185· S.D. Fla.· 2006-07-06 ·cited 11×
  The court awarded Class Counsel 31 1/3% of the settlement fund for attorneys' fees and 1.3% for incentive awards to Class Representatives, based on the case's complexity, duration, and benefits conferred.
• Marti v. State
  756 So. 2d 224· Fla. 3d DCA· 2000-04-26 ·cited 11×
  Alexis Marti appeals his conviction for attempted second-degree murder, attempted sexual battery with a deadly weapon, and burglary with assault, raising issues regarding the trial court's failure to conduct a proper inquiry into his motion to discharge his court-appointed attorn
• Simon DeBARTOLO Grp., Inc. v. Bratley
  741 So. 2d 1254· Fla. 1st DCA· 1999-10-06 ·cited 11×
  The Florida First District Court of Appeal granted a petition for writ of certiorari, holding that a trial court erred by failing to conduct an evidentiary hearing before determining that opposing counsel had no disqualifying conflict of interest. The court found that once an att
• State v. J.B. Parker
  721 So. 2d 1147· Fla.· 1998-09-04 ·cited 11×
  The Florida Supreme Court affirmed the trial court's grant of a new penalty phase proceeding for death row inmate J.B. Parker, finding that the State withheld exculpatory evidence (testimony from jail inmate Michael Bryant) that could have changed the outcome of the penalty phase
• Askew v. Allstate Title & Abstract Co., Inc.
  603 So. 2d 29· Fla. 2d DCA· 1992-07-17 ·cited 11×
  A title insurance company acting as a closing agent has a duty to supervise the closing in a reasonably prudent manner and prepare closing documents in accordance with the contract for sale.
• Seymour Sher v. Johnson
  911 F.2d 1357· 9th Cir.· 1990-08-17 ·cited 11×
  The court held that a law partnership that accepted a deed of trust on California real estate to secure payment for legal services rendered in Florida had sufficient minimum contacts with California to establish personal jurisdiction over the partnership, but not over the individ
• Townsend v. Holman Consulting Corp.
  881 F.2d 788· 9th Cir.· 1989-08-07 ·cited 11×
  The court held that the majority opinion misinterprets Rule 11 and prior precedent, leading to an incorrect reversal of sanctions.
• Fitzpatrick v. McCORMICK
  869 F.2d 1247· 9th Cir.· 1989-03-07 ·cited 11×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
• Kelly v. United States
  820 F.2d 1173· 11th Cir.· 1987-07-06 ·cited 11×
  The court held that the appellant failed to establish ineffective assistance of counsel under the applicable legal standards, despite the unprofessional conduct of his attorneys.
• Thomas v. Foltz
  818 F.2d 476· 6th Cir.· 1987-05-01 ·cited 11×
  The court held that the petitioner failed to prove an actual conflict of interest adversely affected his lawyer's performance.
• Bammac, Inc. v. Grady
  500 So. 2d 274· Fla. 1st DCA· 1986-12-22 ·cited 11×
  BAMMAC and Cigna appealed a workers' compensation order granting Raymond Grady rehabilitation benefits through Statewide Rehabilitation, Inc., a company owned by Grady's attorneys. The court affirmed the rehabilitation order but prohibited the attorneys from representing claimant
• Zoltan Takacs v. Engle
  768 F.2d 122· 6th Cir.· 1985-07-23 ·cited 11×
  The Sixth Circuit held that the denial of counsel at a preliminary hearing is subject to harmless error analysis, and that a conviction based solely on uncorroborated accomplice testimony does not violate due process.
• Equal Emp. Opportunity Comm'n v. Orson H. Gygi Co., Inc.
  749 F.2d 620· 10th Cir.· 1984-12-10 ·cited 11×
  The court held that an attorney's simultaneous representation of a company and an individual who filed a discrimination charge against that company, without consent, violates professional responsibility rules and warrants disqualification.
• In re Corn Derivatives Antitrust Litig. (MDL 414). Appeal of John E. Koerner & Co., Inc.
  748 F.2d 157· 3d Cir.· 1984-11-15 ·cited 11×
  The court held that the appearance of impropriety alone is insufficient to automatically disqualify counsel in a class action, and a balancing test considering actual prejudice is required.