Conflict Of Interest

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

• DOE v. United States
  666 F.2d 43· 4th Cir.· 1981-12-03 ·cited 10×
  The court held that a rape victim has an implicit right to appeal an adverse ruling under Rule 412, and that certain evidence of the victim's past sexual behavior is inadmissible under the rule.
• United States v. Truckee-Carson Irrigation Dist.
  649 F.2d 1286· 9th Cir.· 1981-06-15 ·cited 10×
  The court held that the Orr Ditch decree should not be completely reopened due to the government's conflict of interest, but a partial reopening is permissible to consider the Tribe's claim against the Irrigation District.
• ST. John v. Emp. Dev. Dep't
  642 F.2d 273· 9th Cir.· 1981-02-23 ·cited 10×
  The court held that an employer's transfer of an employee to a position of equal pay and status, motivated by a conflict of interest arising from the employee's filing of an EEOC complaint, constitutes unlawful retaliation under Title VII, but reinstatement may be denied based on
• United States v. Payne
  635 F.2d 643· 7th Cir.· 1980-12-10 ·cited 10×
  The court held that the statute of limitations did not bar prosecution as the conspiracy involved a continuing relationship, and that the transportation of severed vehicle parts across state lines violates the Dyer Act. The court also affirmed the trial court's rulings on right t
• Lewis v. S. L. & E., Inc.
  629 F.2d 764· 2d Cir.· 1980-07-22 ·cited 10×
  The court held that the district court erred in placing the burden of proof on the plaintiff to show waste and in awarding attorneys' fees to the defendant directors. The defendant directors, having a conflict of interest, had the burden to prove the fairness of the transactions.
• Armstrong v. Clovis McALPIN
  606 F.2d 28· 2d Cir.· 1979-09-12 ·cited 10×
  A law firm is disqualified when one of its attorneys is disqualified under DR 9-101(B) due to prior government involvement in enforcement litigation, even with screening procedures, because of the high risk of appearance of impropriety and potential influence on government action
• THE Florida BAR v. Clemens Hagglund
  372 So. 2d 76· Fla.· 1979-06-07 ·cited 10×
  The Florida Bar disciplined attorney Clemens Hagglund for ethical violations arising from his representation of Evelyn Robitaille in an auto tag business investment while simultaneously having a financial interest in the business and later suing her. The court found Hagglund guil
• Woodruff v. Hewitt P. Tomlin, Jr.
  593 F.2d 33· 6th Cir.· 1979-02-22 ·cited 10×
  The court held that the district court erred in dismissing the conflict of interest claim and in granting judgment n.o.v. on other malpractice grounds, as factual issues should have been submitted to a jury.
• United States v. Kearns
  595 F.2d 729· D.C. Cir.· 1978-11-13 ·cited 10×
  A public official's breach of fiduciary duty to the government does not require proof of direct financial loss or specific abuse of discretion to allow for a civil remedy.
• United States v. McCRACKEN
  581 F.2d 719· 8th Cir.· 1978-08-15 ·cited 10×
  The court held that the government presented sufficient evidence to sustain the jury's finding of intent to defraud for mail fraud and conspiracy charges.
• United States v. Kehoe
  573 F.2d 335· 5th Cir.· 1978-05-22 ·cited 10×
  The court held that the defendants' conviction under 18 U.S.C. § 1006 was valid, rejecting claims of jurisdictional error, insufficient evidence, and double jeopardy.
• Coffelt v. Honorable Terry L. Shell
  577 F.2d 30· 8th Cir.· 1978-05-18 ·cited 10×
  The dissenting judge would remand the case for further consideration of the attorney's fee.
• United States v. Clarkson
  567 F.2d 270· 4th Cir.· 1977-12-15 ·cited 10×
  The court held that the petitioner's actions in continuing to represent taxpayers after being disqualified constituted a clear violation of the court's order, warranting a contempt judgment.
• United States ex rel. Maria Horta v. DeYOUNG
  523 F.2d 807· 3d Cir.· 1975-10-02 ·cited 10×
  Joint representation of co-defendants with conflicting interests, without a waiver, constitutes a deprivation of the Sixth Amendment right to effective assistance of counsel.
• United States v. Milford Burkley
  511 F.2d 47· 4th Cir.· 1975-02-18 ·cited 10×
  The court held that the defendant's convictions for making false statements were valid, but his sentences were invalid due to ineffective assistance of counsel during sentencing.
• Courtney v. United States
  486 F.2d 1108· 9th Cir.· 1973-09-27 ·cited 10×
  The court held that any technical violation of the Bruton rule was harmless beyond a reasonable doubt because the joint representation, while precluding cross-examination of a co-defendant, did not prejudice the appellant given the cooperative defense strategy and the witness's s
• United States v. Rispo
  470 F.2d 1099· 3d Cir.· 1973-01-02 ·cited 10×
  The court held that the jury charge regarding possession of recently stolen property was proper, and that joint representation did not deny effective assistance of counsel.
• United States v. Harlan Lane
  464 F.2d 593· 8th Cir.· 1972-06-14 ·cited 10×
  A bank officer can be convicted under 18 U.S.C. § 215 for stipulating for a commission, even if paid to a third party in which the officer has an interest.
• Rincon Band OF Mission Indians v. Escondido Mut. Water Co.
  459 F.2d 1082· 9th Cir.· 1972-04-19 ·cited 10×
  The court held that the Attorney General is not required to provide legal representation or security to the plaintiffs due to a conflict of interest, and the appealability of the order is proper under the collateral order doctrine.
• THE Florida BAR v. Teitelman
  261 So. 2d 140· Fla.· 1972-04-06 ·cited 10×
  The Florida Supreme Court reviewed a disciplinary proceeding against an attorney who charged sellers fees for preparing standard closing documents in residential mortgage transactions. The Court quashed the private reprimand and issued an opinion establishing clear ethical standa
• Dicks v. Cleaver
  433 F.2d 248· 5th Cir.· 1970-09-15 ·cited 10×
• Allied Broad., Inc. v. Fed. Commc'ns Comm'n
  435 F.2d 68· D.C. Cir.· 1970-06-29 ·cited 10×
  The court held that Allied Broadcasting Inc. had adequate notice that CATV interests of its stockholders would be considered in a comparative AM radio license proceeding, satisfying due process requirements.
• Grady Eugene Jenkins v. State
  228 So. 2d 114· Fla. 3d DCA· 1969-11-04 ·cited 10×
  Jenkins and a co-defendant were convicted of armed robbery after a bench trial with joint representation by a single public defender. Jenkins appealed claiming error in joint representation, improper pretrial photo identification, and insufficient evidence, but the Florida appell
• Nat'l Labor Relations Bd. v. N. Ark. Elec. Coop., Inc.
  412 F.2d 324· 8th Cir.· 1969-06-17 ·cited 10×
  The court held that the National Labor Relations Board erred in concluding that Jack Lenox was not a managerial employee, and thus his discharge was not protected by the Act.
• Zurita v. United States
  410 F.2d 477· 7th Cir.· 1969-05-05 ·cited 10×
• Velton Watkins v. Wilson
  408 F.2d 351· 9th Cir.· 1969-02-20 ·cited 10×
  The court held that common representation of co-defendants is not per se error and that there was no Sixth Amendment conflict of interest violating the right to counsel.
• Curry v. Burke
  404 F.2d 65· 7th Cir.· 1968-12-04 ·cited 10×
  A voluntary guilty plea waives a claim of ineffective assistance of counsel due to a conflict of interest.
• State Farm Mut. Auto. Ins. Co. v. Walker
  382 F.2d 548· 7th Cir.· 1967-07-17 ·cited 10×
  The dissenting judge would affirm the judgment, disagreeing with the majority's interpretation of Indiana law regarding prejudice in insurance non-cooperation cases.
• In re Ruffalo
  370 F.2d 447· 6th Cir.· 1966-12-29 ·cited 10×
  The dissenting judge argues that the respondent lawyer should not be disbarred based on the presented charges and procedural issues.
• Whitaker v. Warden, Maryland Penitentiary
  362 F.2d 838· 4th Cir.· 1966-06-20 ·cited 10×
  The court held that the attorney's representation was likely influenced by conflicting interests, potentially depriving the defendant of effective assistance of counsel.
• Lucom v. Atl. Nat'l Bank of W. Palm Beach
  354 F.2d 51· 5th Cir.· 1965-12-10 ·cited 10×
  The court held that the appellant's claims were barred by Florida's statutes of limitations, as the causes of action accrued upon the invasion of her rights with notice, and the relevant limitation periods had expired.
• In re Eloise Curtis, Inc.
  326 F.2d 698· 2d Cir.· 1964-01-23 ·cited 10×
  An assignee for the benefit of creditors whose accounts are unsettled is not automatically disqualified from serving as trustee in bankruptcy; the referee must exercise discretion based on the specific facts.
• State v. Hazellief
  148 So. 2d 28· Fla. 2d DCA· 1962-12-19 ·cited 10×
  The State of Florida appeals the quashing of amended informations charging five state road engineers with unlawfully accepting bribes. The court affirmed the trial court's dismissal, holding that informations charging violations of generic statutory terms must specify the particu
• United States v. McFADDIN Express, Inc.
  310 F.2d 799· 2d Cir.· 1962-11-26 ·cited 10×
  The court held that there was no error in denying motions to reopen and that a non-party stockholder lacks standing to appeal a judgment.
• Tinkle v. United States
  254 F.2d 23· 8th Cir.· 1958-04-10 ·cited 10×
  The court held that a defendant was denied his Sixth Amendment right to counsel when the trial court forced him to proceed to trial with less than a day and a half to secure new counsel after his original attorney was permitted to withdraw due to a conflict of interest.
• Watson v. City OF NEW Smyrna Beach
  85 So. 2d 548· Fla.· 1956-02-10 ·cited 10×
  A taxpayer challenged a city contract awarded to an individual who was the partner of a sitting city commissioner, arguing the contract was a subterfuge to circumvent municipal conflict-of-interest rules. The Florida Supreme Court reversed the lower court's judgment, holding that
• In re Patterson. Patterson v. Standing Comm. of Discipline to Bar of the United States Dist. Court for the Dist. of Or.
  176 F.2d 966· 9th Cir.· 1949-09-21 ·cited 10×
  The court held that while the attorney's conduct was improper and warranted discipline, permanent disbarment was too severe given the circumstances and the attorney's otherwise unblemished record.
• Farris v. Hunter
  144 F.2d 63· 10th Cir.· 1944-07-05 ·cited 10×
  The court held that the appellant failed to demonstrate ineffective assistance of counsel or any prejudice arising from joint representation.
• In re Cosgrove-Meehan Coal Corp.
  136 F.2d 3· 3d Cir.· 1943-05-24 ·cited 10×
  The court held that a claimant's dealings in the debtor's bonds disqualified him from receiving compensation for services as a committee member in a reorganization proceeding under Section 249 of the Bankruptcy Act. However, a claim for services rendered prior to the reorganizati
• Bluth v. Blake
  128 So. 3d 242· Fla. 4th DCA· 2013-12-11 ·cited 9×
  An attorney appeals a trial court's order granting an additur of ten dollars to a jury's zero damages verdict in a legal malpractice case. The appellate court reversed, holding that no legal basis existed for the additur because the plaintiffs failed to present evidence of damage
• The Cont'l Cas. Co. v. Przewoznik
  55 So. 3d 690· Fla. 3d DCA· 2011-03-02 ·cited 9×
  Continental Casualty Company sought certiorari review of a trial court order disqualifying its counsel due to an alleged conflict of interest. The Third District Court of Appeal reversed, holding that the respondents lacked standing to seek disqualification because they could not
• THE Florida BAR v. Tipler
  8 So. 3d 1109· Fla.· 2009-04-30 ·cited 9×
  The Florida Supreme Court disbarred attorney James Harvey Tipler for egregious and cumulative professional misconduct across three consolidated disciplinary cases, including sexual exploitation of a client in exchange for fee reductions, manufacturing false evidence, misappropria
• Rouse v. State
  990 So. 2d 1197· Fla. 5th DCA· 2008-09-19 ·cited 9×
  Travis Rouse appealed his grand theft auto conviction, arguing the trial court erred by failing to appoint conflict-free counsel when he moved to withdraw his guilty plea and instead summarily denying the motion. The appellate court agreed and reversed, holding that when a patent
• Phillips v. State
  971 So. 2d 149· Fla. 4th DCA· 2007-12-05 ·cited 9×
  A judge's impartiality is not warranted to be questioned based on a remote possibility of a campaign contribution by the judge's spouse to the opposing candidate.
• Johnson v. State
  917 So. 2d 226· Fla. 3d DCA· 2005-12-07 ·cited 9×
  The appellate court reviewed a robbery conviction where the defendant claimed mistaken identification, with the dissenting opinion arguing that the issues raised on appeal had merit.
• Goolsby v. State
  914 So. 2d 494· Fla. 5th DCA· 2005-11-10 ·cited 9×
  An order entered by a judge who has recused herself is void and without effect, and the defendant is entitled to a new hearing on his postconviction motion before a different judge.
• Hunter v. Sec'y, Dep't OF Corr., Attorney Gen., State of Fla.
  395 F.3d 1196· 11th Cir.· 2005-01-05 ·cited 9×
  James Eugene Hunter was convicted of first-degree murder, three counts of attempted first-degree murder, three counts of armed robbery, and one count of attempted armed robbery in connection with a robbery and shooting that killed Wayne Simpson and injured three others in Daytona
• Brookwood Extended Care Ctr. OF Homestead, LLP v. Agency for Healthcare Admin.
  870 So. 2d 834· Fla. 3d DCA· 2003-08-13 ·cited 9×
  Brookwood Extended Care Center appeals AHCA's denial of its request for an administrative hearing challenging deficiency findings from a nursing home survey. The court reverses, holding that while Brookwood's petition was legally insufficient under applicable rules, the facility
• THE Florida BAR v. Bryant
  813 So. 2d 38· Fla.· 2002-02-21 ·cited 9×
  The Florida Supreme Court reviewed disciplinary charges against attorney John Newman Bryant arising from two consolidated matters: inadequate client communication and failure to respond to Bar inquiries in the Albano case, and sexual misconduct with a client in the Rodehaver case
• Metcalf v. Metcalf
  785 So. 2d 747· Fla. 5th DCA· 2001-06-01 ·cited 9×
  A Florida appellate court held that an attorney must be disqualified from representing a defendant in a domestic violence injunction case when the attorney's law firm partner previously consulted with the opposing party about the same divorce matter, even though no formal attorne