Conflict Of Interest

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

• N.Y. State Urban Dev. Corp. v. VSL Corp.
  738 F.2d 61· 2d Cir.· 1984-06-20 ·cited 6×
  The court held that an insurer's designation of independent counsel is permissible under policy terms and New York law, and that VSL lacked standing to appeal the interim cost-sharing order between insurers.
• Wilson v. Mintzes
  733 F.2d 424· 6th Cir.· 1984-05-04 ·cited 6×
  The trial court's denial of the defendant's request for substitute counsel, made due to an irreconcilable conflict and ineffective representation, deprived the defendant of his Sixth Amendment right to effective assistance of counsel.
• In re Inquiry Concerning a Judge
  445 So. 2d 343· Fla.· 1984-02-02 ·cited 6×
  Judge Mark Speiser was publicly reprimanded by the Florida Supreme Court for ethical violations committed while he was an attorney before becoming a circuit judge. Between his nomination and assumption of judicial office, Speiser worked for a criminal defense firm while secretly
• Wilson v. Morris
  724 F.2d 591· 7th Cir.· 1984-01-05 ·cited 6×
  The court held that a joint preliminary examination over defense objection does not automatically require reversal if no actual conflict of interest adversely affected counsel's performance.
• Birmingham v. Sogen-Swiss Int'l Corp. Ret. Plan
  718 F.2d 515· 2d Cir.· 1983-09-14 ·cited 6×
  The Board of Directors lacked the power to overrule the Retirement Committee's interpretation of the pension plan, and the New Committee had no independent power to do so.
• Uptain v. United States
  692 F.2d 8· 5th Cir.· 1982-11-22 ·cited 6×
  The court held that an attorney serving as the prosecution's chief witness and then continuing to represent the defendant constitutes ineffective assistance of counsel, violating the Sixth Amendment.
• Smith v. Anderson
  689 F.2d 59· 6th Cir.· 1982-09-13 ·cited 6×
  The court held that requiring joint representation over a timely objection based on conflicting interests, without adequate inquiry, violates the Sixth Amendment right to effective assistance of counsel.
• In re Transcon. Energy Corp. v. Pac. Energy Res.
  683 F.2d 326· 9th Cir.· 1982-08-06 ·cited 6×
  The court held that a bankruptcy sale would not be set aside based on claims of fiduciary breach or inadequate price, and affirmed the bankruptcy court's evidentiary rulings.
• United States v. Green
  680 F.2d 183· D.C. Cir.· 1982-05-21 ·cited 6×
  The court denied the petition for rehearing and the suggestion for rehearing en banc.
• United States v. Crossman
  663 F.2d 607· 5th Cir.· 1981-12-11 ·cited 6×
  The court held that the evidence was sufficient to sustain a conspiracy conviction, the entrapment defense was unavailable, the jury instructions were proper, and dual representation did not violate the Sixth Amendment.
• THE Florida BAR v. Consol. Bus. & Legal Forms, Inc.
  386 So. 2d 797· Fla.· 1980-06-05 ·cited 6×
  The Florida Bar petitioned to enjoin Consolidated Business and Legal Forms, Inc., a for-profit corporation owned by non-lawyers, from practicing law. The Supreme Court of Florida affirmed the referee's findings that the corporation was engaged in unauthorized practice of law and
• United States v. Johnson
  612 F.2d 843· 4th Cir.· 1979-12-28 ·cited 6×
  The court held that each distinct act of stealing gasoline constituted a separate offense under 18 U.S.C. § 659, and that joint representation of co-defendants did not prejudice the appellant.
• Brooks v. Hopper
  597 F.2d 57· 5th Cir.· 1979-06-13 ·cited 6×
  The court held that the district court erred in denying habeas corpus relief without a full evidentiary hearing, as the petitioners' claims of ineffective assistance of counsel due to a conflict of interest have substantial merit.
• Multi-State Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  590 F.2d 1117· D.C. Cir.· 1978-10-04 ·cited 6×
  The dissenting judge would remand the case for consideration of a second financial commitment presented to the FCC.
• In re Benjamin
  582 F.2d 121· 1st Cir.· 1978-08-21 ·cited 6×
  Orders disqualifying counsel in grand jury proceedings are not immediately appealable as collateral orders; review is limited to contempt proceedings.
• "Big Black" v. Regan
  583 F.2d 72· 2d Cir.· 1978-08-17 ·cited 6×
  The court held that a defendant seeking relief based on ineffective assistance of counsel due to joint representation must show an actual or potential conflict of interest and specific prejudice resulting from that representation.
• United States ex rel. Charles McCLINDON v. Warden, Ill. State Penitentiary, Stateville Branch
  575 F.2d 108· 7th Cir.· 1978-03-27 ·cited 6×
  The dissenting judge would affirm the judgment because the record shows McClindon was not adequately advised of the dangers of multiple representation, which would have constituted a waiver.
• THE Florida BAR v. Mueller
  351 So. 2d 960· Fla.· 1977-09-15 ·cited 6×
  The Florida Bar disciplined attorney Paul C. Mueller for multiple instances of improper dual representation in employment agency franchise transactions, filing false affidavits containing sexual misconduct allegations against his former law partner, and improper plea bargaining i
• Int'l Bhd. OF Elec. Workers, AFL-CIO v. Nat'l Labor Relations Bd.
  557 F.2d 995· 2d Cir.· 1977-07-11 ·cited 6×
  The court held that the NLRB's finding that the presence of a competitor's union representative on the bargaining panel constituted a 'clear and present danger' to the bargaining process was supported by substantial evidence, justifying the employer's refusal to bargain.
• The Fla. Bar. in re Code of Jud. Conduct Status of Judges' Spouses
  336 So. 2d 584· Fla.· 1976-08-03 ·cited 6×
  The Florida Supreme Court adopted amendments to the Code of Judicial Conduct to clarify the permissible political activities of judges' spouses. These changes aim to balance judicial impartiality with the First Amendment rights of spouses, ensuring their activities do not reflect
• Outboard Marine Corp. v. Liberty Mut. Ins. Co.
  536 F.2d 730· 7th Cir.· 1976-06-07 ·cited 6×
  The court held that claims for attorney malpractice and bad faith against an insurer accrue when the client sustains substantial monetary injury, such as paying attorney fees or posting an appeal bond, even if all damages are not yet ascertainable. Claims against an excess insure
• R. W. (Bill) Glenn v. Ark. Best Corp.
  525 F.2d 1216· 5th Cir.· 1975-11-17 ·cited 6×
• THE Florida BAR v. Brigman
  307 So. 2d 161· Fla.· 1975-01-15 ·cited 6×
  The Florida Bar disciplined attorney E. Paul Brigman for multiple ethical violations including concurrent conflicting representation, accepting fees without performing work, mishandling client funds, and failing to communicate with clients in a case. The Florida Supreme Court app
• Wilson v. Commissioner OF Internal Revenue
  500 F.2d 645· 2d Cir.· 1974-08-06 ·cited 6×
  The court held that extraordinary circumstances justified remanding the case to the Tax Court for an evidentiary hearing on the applicability of Revenue Ruling 67-442 and the petitioner's conflict of interest claim.
• United States v. Irons
  475 F.2d 40· 8th Cir.· 1973-03-09 ·cited 6×
  The court held that the evidence was sufficient to sustain the conviction of George Robert Irons, Jr. for attempting to commit a felony by entering a bank, but insufficient to sustain the conviction of Loretta Fay Irons as an aider and abettor.
• Penn Galvanizing Co. v. Lukens Steel Co.
  468 F.2d 1021· 3d Cir.· 1972-10-24 ·cited 6×
  The court held that the district court did not err in denying a preliminary injunction because the plaintiff failed to demonstrate a likelihood of success on the merits regarding the interpretation of Navy specifications and antitrust claims.
• Greene v. State
  263 So. 2d 194· Fla.· 1972-05-24 ·cited 6×
  The Florida Supreme Court held that a part-time county commissioner who is a practicing lawyer does not violate Florida's conflict-of-interest statute by accepting a fee for legal services when those services involve research into public records, provided the services do not invo
• Smith v. Clark Sherwood OIL Field Contractors
  457 F.2d 1339· 5th Cir.· 1972-02-09 ·cited 6×
• Hirshfield v. Briskin
  447 F.2d 694· 7th Cir.· 1971-08-24 ·cited 6×
  The court held that the amended complaint sufficiently stated claims for constructive fraud, wrongful purpose, and negligence in a shareholder derivative suit, and that the plaintiff's stock ownership met the requirements of Rule 23.1.
• State v. Greene
  247 So. 2d 102· Fla. 3d DCA· 1971-04-20 ·cited 6×
  The State appealed the dismissal of bribery charges against a Dade County Commissioner who allegedly accepted $1,000 from a property developer in exchange for investigating whether the county would provide an access road. The appellate court reversed, holding that the information
• United States v. Gallagher
  437 F.2d 1191· 7th Cir.· 1971-02-11 ·cited 6×
  The court held that the evidence was sufficient to sustain the conspiracy conviction and that the trial court did not err in denying the motion for a mistrial or in restricting cross-examination.
• United States v. Horne
  423 F.2d 630· 9th Cir.· 1970-03-27 ·cited 6×
  The court held that joint representation did not deny effective assistance of counsel and that prosecutorial remarks, though improper, did not affect substantial rights.
• Tenn. Prods. & Chem. Corp. v. Nat'l Labor Relations Bd.
  423 F.2d 169· 6th Cir.· 1970-03-05 ·cited 6×
  The court held that the NLRB erred in finding that employers violated Sections 8(a)(1) and 8(a)(5) of the NLRA by refusing to bargain with the UMW in a multi-employer unit, as the unit was not based on employer consent and the Board's order did not effectuate the Act's purposes.
• Clark v. United States
  412 F.2d 491· 9th Cir.· 1969-05-19 ·cited 6×
  The court held that the admission of a codefendant's confession, even if it implicated the appellant, was harmless error given the appellant's own confession and the lack of defense. The court also held that the denial of a continuance to obtain new counsel was not an abuse of di
• Jordan v. Acacia Mut. Life Ins. Co.
  409 F.2d 1141· D.C. Cir.· 1969-02-20 ·cited 6×
  A director of a life insurance company cannot have a pecuniary interest in a loan from the company, even if the loan predates their directorship.
• Berryman v. The Riggs Nat'l Bank OF Wash.
  401 F.2d 993· D.C. Cir.· 1968-07-19 ·cited 6×
  The court held that the Probate Court may only refuse to issue letters testamentary to a nominated executor based on the specific statutory disqualifications listed in D.C. Code § 20-351, not on alleged conflicts of interest.
• Fitzgerald v. Catherwood
  388 F.2d 400· 2d Cir.· 1968-01-02 ·cited 6×
  The court held that New York's Labor and Management Improper Practices Act provisions are not preempted by the LMRDA and do not constitute a Bill of Attainder.
• United States v. The Goldfield Corp. as successor to Am. Chrome Co.
  384 F.2d 669· 10th Cir.· 1967-11-02 ·cited 6×
  The court held that the government failed to prove that the profits were excessive or unconscionable, or that the company induced an improper relationship with the government negotiator, thus affirming the trial court's decision.
• Saylor v. The United States
  374 F.2d 894· Ct. Cl.· 1967-03-17 ·cited 6×
  The court held that the search of the plaintiff's desk and living quarters, owned by the employer and located on employer premises, was not protected by the Constitution, but the search of his personal Cadillac was.
• Sullivan v. Comm. on Admissions & Grievances of the United States Dist. Court for the Dist. of Columbia
  395 F.2d 954· D.C. Cir.· 1967-03-03 ·cited 6×
  The court vacated its prior affirmance and remanded the case because the District Court did not make findings on the conflict of interest issue, which was a significant basis for the original opinion.
• Mohler v. United States
  312 F.2d 228· 7th Cir.· 1963-01-04 ·cited 6×
• In re Custody of a Minor
  250 F.2d 419· D.C. Cir.· 1957-12-05 ·cited 6×
  A minor does not have a right to separate, independent court-appointed counsel in a parental neglect proceeding where the Juvenile Court's Director of Social Work effectively acts as the child's counsel.
• Johnson v. Sword Line, Inc.
  240 F.2d 954· 3d Cir.· 1957-02-01 ·cited 6×
  The court held that the injured longshoreman should have been given an opportunity to demonstrate a conflict of interest that would allow him to pursue his third-party tort claim, despite the statutory assignment of his claim to his employer's insurance carrier.
• Am. Pac. Dairy Prods., Inc. v. Siciliano
  235 F.2d 74· 9th Cir.· 1956-06-20 ·cited 6×
  The court held that the district court erred in calculating partnership profits and in failing to order an accounting for post-dissolution profits, but correctly denied jury trials and venue changes. The court also found certain charges in the open book account claim unsupported.
• Setser v. Welch
  159 F.2d 703· 4th Cir.· 1947-02-01 ·cited 6×
  The court held that the appellant's claims were without merit and that the writ of habeas corpus was abused.
• Fabio Ochoa v. United States
  45 F.4th 1293· 11th Cir.· 2022-08-18 ·cited 5×
  The court held that a defendant's Sixth Amendment right to counsel is not violated if one attorney labors under a conflict of interest, provided the defendant is also represented by conflict-free counsel who provides effective assistance.
• Booker v. Sec'y, Fla. Dep't of Corr.
  22 F.4th 954· 11th Cir.· 2022-01-03 ·cited 5×
  The Eleventh Circuit dismissed the appeal for lack of standing, holding that the State failed to demonstrate an actual or imminent injury traceable to the district court's order appointing federal counsel.
• Inquiry Concerning a Judge
  174 So. 3d 364· Fla.· 2015-06-18 ·cited 5×
  Judge Laura Marie Watson was removed from the bench for professional conduct violations stemming from her handling of a complex multi-party settlement involving PIP and bad faith claims against Progressive Insurance while she was a practicing attorney. The Florida Supreme Court a
• THE Florida BAR v. Swann
  116 So. 3d 1225· Fla.· 2013-06-20 ·cited 5×
  The Florida Bar disciplined attorney Henry T. Swann, III for extensive professional misconduct spanning multiple years, including misappropriating estate funds, assisting in the exploitation of an elderly client, concealing marital assets during divorce, engaging in improper busi
• Horizons A FAR, LLC v. Plaza N 15, LLC
  114 So. 3d 992· Fla. 5th DCA· 2012-07-27 ·cited 5×
  Horizons, a member of Plaza N 15, LLC, sought appointment of a receiver in a breach of fiduciary duty action. The trial court denied the request based on section 13.4 of the operating agreement, which it interpreted as a blanket waiver of members' rights to seek receiver appointm