Conflict Of Interest

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

• United States v. Heller C. Boling
  869 F.2d 965· 6th Cir.· 1989-03-15 ·cited 4×
• United States v. Micke
  859 F.2d 473· 7th Cir.· 1988-09-30 ·cited 4×
  The dissenting judge holds that the admission of testimony regarding defendant's offer to backdate documents for another taxpayer was an abuse of discretion and that the disqualification of defendant's chosen co-counsel was improper.
• Beavers v. Am. Cast Iron Pipe Co.
  852 F.2d 527· 11th Cir.· 1988-08-15 ·cited 4×
  The court held that the district court erred in dismissing the action with prejudice and disqualifying the attorney without sufficient findings of bad faith or consideration of lesser sanctions. The court also held that the denial of intervention should be re-examined.
• Hernandez v. Eloy Mondragon
  824 F.2d 825· 10th Cir.· 1987-07-28 ·cited 4×
  The court held that the formation of a law partnership on the day of trial, without more, does not automatically demonstrate an actual conflict of interest adversely affecting counsel's performance, especially when the prior representation had concluded and no confidences were sh
• THE Florida BAR v. Wagner
  497 So. 2d 238· Fla.· 1986-10-16 ·cited 4×
  The Court approved the referee's findings and recommendations regarding attorney misconduct, adopting the recommended discipline of an eighteen-month suspension, restitution, and probation.
• Troedel v. Wainwright
  667 F. Supp. 1456· S.D. Fla.· 1986-09-23 ·cited 4×
  The court held that the prosecution's knowing use of misleading expert testimony and the failure to disclose exculpatory evidence rendered the trial fundamentally unfair, warranting habeas corpus relief.
• Myrick v. Herb Maschner & the Attorney Gen. of the State of Kan.
  799 F.2d 642· 10th Cir.· 1986-08-29 ·cited 4×
  The court held that a constitutionally deficient jury instruction regarding intent was harmless error because the evidence overwhelmingly established the petitioner's guilt beyond a reasonable doubt, and the instruction did not affect the verdict. The court also held that the pet
• THE Florida BAR v. Hotaling
  485 So. 2d 821· Fla.· 1986-03-27 ·cited 4×
  The Florida Bar sought disciplinary action against attorney Marie S. Hotaling for multiple ethical violations including conflicts of interest, misappropriation of client funds, incompetent representation, and failure to communicate with clients. The Florida Supreme Court approved
• O'Donnell v. CBS, Inc.
  782 F.2d 1414· 7th Cir.· 1986-02-04 ·cited 4×
  The court held that the plaintiff failed to present evidence of falsity in the announcement of his dismissal and that his privacy claim failed due to his secretary's consent to access his files. Therefore, summary judgment for the defendant was affirmed.
• Corlett v. Merritt
  478 So. 2d 828· Fla. 3d DCA· 1985-10-29 ·cited 4×
  A Florida court of appeals held that a professional service corporation engaged in the practice of law has no statutory obligation to redeem shares held by former employee-shareholders upon their departure, absent a specific provision in the articles of incorporation or a shareho
• Davis v. State
  461 So. 2d 291· Fla. 1st DCA· 1985-01-08 ·cited 4×
  Davis appeals the denial of his Rule 3.850 motion claiming ineffective assistance of counsel due to a conflict of interest when his trial attorney represented both him and his codefendant. The court reverses, finding that the attorney's dual representation created an actual confl
• Feldan v. Goodman
  460 So. 2d 515· Fla. 3d DCA· 1984-12-11 ·cited 4×
  George Feldan appeals the trial court's dismissal with prejudice of his petition to revoke the discharge of executors and reopen estate administration to address alleged malfeasance, fraud, and misappropriation by executors and trustees. The appellate court reverses as to the exe
• Am. Commercial Lines, Inc. v. The United States
  746 F.2d 1351· 8th Cir.· 1984-10-24 ·cited 4×
  The court held that the district court did not abuse its discretion in denying a deckhand leave to file a late claim for personal injury after the monition period expired.
• Lace v. United States
  736 F.2d 48· 2d Cir.· 1984-06-01 ·cited 4×
  The court held that the district court's finding that the attorney did not represent his brother was clearly erroneous, requiring remand for reconsideration of the ineffective assistance of counsel claim.
• Monson v. State
  443 So. 2d 1061· Fla. 1st DCA· 1984-01-17 ·cited 4×
  Monson appealed the denial of his Rule 3.850 post-conviction motion alleging ineffective assistance of counsel due to conflicting interests and prosecutorial use of perjured testimony. The appellate court found two issues facially sufficient and reversed the denial, remanding for
• State v. Pub. Emps. Relations Comm'n
  443 So. 2d 258· Fla. 1st DCA· 1983-12-20 ·cited 4×
  The State of Florida appealed a Public Employees Relations Commission (PERC) decision denying the Department of Administration's request to classify Division of Administrative Hearings hearing officers as managerial employees and their secretaries as confidential employees. The c
• United States & Robert Gerring v. Ferrell
  717 F.2d 562· Temp. Emer. Ct. App.· 1983-09-01 ·cited 4×
  The court held that a subpoena issued by the Department of Energy for an ongoing audit is valid even if a secondary concern exists about a former employee's potential conflict of interest.
• Jent v. State
  435 So. 2d 809· Fla.· 1983-07-18 ·cited 4×
  William Riley Jent appealed the denial of his Rule 3.850 motion seeking to vacate his death sentence for first-degree murder. The Florida Supreme Court affirmed the trial court's denial, rejecting claims of prosecutorial misconduct, ineffective assistance of counsel, conflict of
• Missouri-Indiana Inv. Grp. v. Obie Shaw and Gene Silkey
  699 F.2d 952· 8th Cir.· 1983-02-09 ·cited 4×
  The court held that the district court erred in finding a joint venture and that the contingency provision of the agreement was fulfilled by the signing of the contract, not its full performance.
• Wild v. United States Dep't of Hous. & Urban Dev.
  692 F.2d 1129· 7th Cir.· 1982-11-12 ·cited 4×
  The court held that an employee's off-duty conduct, if it directly conflicts with the agency's mission and is likely to become known, can be grounds for dismissal, even under the Civil Service Reform Act.
• United States v. Knight
  680 F.2d 470· 6th Cir.· 1982-06-22 ·cited 4×
  The court held that a defendant must establish an actual conflict of interest that adversely affected their lawyer's performance to prove a Sixth Amendment violation.
• United States v. Sandini
  660 F.2d 544· 5th Cir.· 1981-11-02 ·cited 4×
  The court held that the district court properly denied the motion to suppress a co-conspirator's testimony, as there was no evidence the attorney-client privilege was breached or that the defendant was prejudiced.
• United States v. Kenealy
  646 F.2d 699· 1st Cir.· 1981-04-17 ·cited 4×
  The court held that the district court properly granted summary judgment because the defendants' vague admissions and lack of specific factual opposition were insufficient to create a genuine issue of material fact, and their purported disclosures did not meet regulatory requirem
• In re Suspension to Practice Before the United States Dist. Court of the S. Dist. of Iowa of John D. Randall. Appeal of John D. Randall. John D. Randall v. Reynoldson
  640 F.2d 898· 8th Cir.· 1981-01-21 ·cited 4×
  The court held that the federal district courts did not err in disbarring Randall based on the Iowa Supreme Court's disbarment, and Randall is disbarred from the Eighth Circuit.
• Theodore v. The State OF NEW Hampshire
  614 F.2d 817· 1st Cir.· 1980-02-11 ·cited 4×
  The court held that the petitioner failed to establish that his attorney's prior representation of a prosecution witness created an actual conflict of interest or specific prejudice, thus he was not denied effective assistance of counsel.
• Brown v. United States
  625 F.2d 210· 9th Cir.· 1979-09-21 ·cited 4×
  The court held that the appellant failed to demonstrate prejudice from his attorney's alleged conflict of interest, thus not establishing ineffective assistance of counsel.
• THE Florida BAR v. Meserve
  372 So. 2d 1373· Fla.· 1979-07-05 ·cited 4×
  The Florida Bar disciplined attorney Daniel W. Meserve for multiple ethical violations including fee-splitting arrangements with a prison inmate, conflicts of interest in family law representation, obstructing law enforcement while impaired, mishandling client funds and estates,
• Roth v. State
  368 So. 2d 1310· Fla. 3d DCA· 1979-02-27 ·cited 4×
  Defendants Roth, Maruca, and Marrow appealed the denial of their motions to vacate convictions for conspiracy, attempted breaking and entering, and possession of burglary tools, while the State appealed the trial court's grant of a new trial. The court affirmed the denial of the
• In re Grand Jury Investigation. Appeal of Carl Max Janavitz
  576 F.2d 1071· 3d Cir.· 1978-06-02 ·cited 4×
• Porter v. State
  350 So. 2d 14· Fla. 4th DCA· 1977-08-23 ·cited 4×
• Motor Carriers Traffic Ass'n, Inc. v. The United States & the Interstate Commerce Comm'n
  559 F.2d 1251· 4th Cir.· 1977-07-21 ·cited 4×
  The court should have allowed rate bureaus to protest independent action proposals of member carriers, as this right is established by statute and prior ICC practice.
• R. T. Eckles in Bankr. for Mountain States Sports, Inc. v. Furth
  557 F.2d 953· 2d Cir.· 1977-06-16 ·cited 4×
  An order granting an attorney's motion to withdraw at his own request is not directly appealable as a "collateral order" under the Silver Chrysler doctrine.
• In re the NEW York v. Mfrs. Hanover Tr. Co.
  567 F.2d 166· 2d Cir.· 1977-03-18 ·cited 4×
  A reorganization court, as a court of equity, has the discretion to allow or deny compensation and expenses to an indenture trustee, even with a conflict of interest, if the unique facts of the case warrant it.
• Grover Robinson v. Parratt
  546 F.2d 764· 8th Cir.· 1976-12-08 ·cited 4×
  A defendant is denied effective assistance of counsel when a single attorney represents co-defendants with antagonistic defenses, and the court denies a severance motion.
• Goldtrap v. Reubin O'D. Askew
  334 So. 2d 20· Fla.· 1976-06-17 ·cited 4×
  George Goldtrap, an elected Lee County Commissioner, challenged a Florida financial disclosure statute as an unconstitutional invasion of privacy. The Florida Supreme Court upheld the statute, finding that the state's compelling interest in preventing conflicts of interest among
• Youker v. Gulley
  536 F.2d 184· 7th Cir.· 1976-06-07 ·cited 4×
  The court held that the Illinois Supreme Court's regulation prohibiting official court reporters from engaging in private reporting activities does not violate the Fourteenth Amendment and was properly dismissed for failure to state a claim.
• United States Steel Corp. v. Hartford Accident & Indem. Co.
  511 F.2d 96· 7th Cir.· 1975-01-03 ·cited 4×
  An insurer cannot avoid policy obligations by manipulating pleadings in a lawsuit it controlled to benefit itself, especially when liability exists under a covered theory.
• Cameron Fin. Corp. v. Bd. OF Governors OF the Fed. Reserve Sys.
  497 F.2d 841· 4th Cir.· 1974-06-04 ·cited 4×
  The court held that the term "subsidiary" in section 4(a)(2) of the Bank Holding Company Act does not extend grandfather privileges to activities conducted by a banking subsidiary prior to June 30, 1968, if those activities were later transferred to a nonbanking subsidiary.
• Alvarez v. State
  287 So. 2d 121· Fla. 3d DCA· 1973-12-18 ·cited 4×
  The court held that a defendant who voluntarily chooses counsel with knowledge of a potential conflict of interest cannot later claim ineffective assistance of counsel based on that conflict.
• In re Dallas Cabana, Inc. v. Collier
  469 F.2d 606· 5th Cir.· 1972-11-10 ·cited 4×
• Santoro v. United States
  462 F.2d 612· 9th Cir.· 1972-06-29 ·cited 4×
  The court held that the petitioner's claims regarding the right of confrontation, ineffective assistance of counsel due to conflicting interests, and sentencing based on secret information were without merit.
• United States v. McKEE
  462 F.2d 275· 2d Cir.· 1972-06-07 ·cited 4×
  The court held that the trial court did not abuse its discretion in denying a mistrial, correctly refused a supplementary jury charge, and properly excluded certain grand jury testimony.
• Knapp v. McFARLAND
  457 F.2d 881· 2d Cir.· 1972-03-28 ·cited 4×
  The court held that the trial court erred in prematurely determining the reasonableness of the $155,000 bonus without affording the defendant an opportunity to present further evidence, and reversed the award for attorneys' unsuccessful motion to withdraw.
• Smith v. United States
  454 F.2d 1330· 9th Cir.· 1972-01-27 ·cited 4×
  The court should allow a prisoner to amend his pleadings regarding claims of ineffective counsel and a broken promise of concurrent sentences.
• United States ex rel. Joseph Kachinski v. Cavell
  453 F.2d 581· 3d Cir.· 1971-12-07 ·cited 4×
  The court held that the record does not show an actual conflict of interest that denied the relator effective assistance of counsel, even though his attorney had previously represented a key witness in an unrelated matter.
• United States v. COX
  439 F.2d 86· 9th Cir.· 1971-02-19 ·cited 4×
  The court held that the appellant's contentions regarding ineffective assistance of counsel, judicial comments, and insufficient evidence were without merit.
• In re Norman Fin. & Thrift Corp. v. Sec. & Exch. Comm'n
  415 F.2d 1199· 10th Cir.· 1969-09-16 ·cited 4×
  The court held that Chapter X, not Chapter XI, is the appropriate vehicle for corporate reorganization when public investor-creditors are involved and substantial adjustments to their rights are necessary, especially given prior mismanagement and conflicts of interest.
• United States v. Long
  415 F.2d 307· 6th Cir.· 1969-07-30 ·cited 4×
  The court held that the assignment of a single attorney to co-defendants does not constitute ineffective assistance of counsel unless an actual conflict of interest is demonstrated.
• Kelly v. Peyton
  420 F.2d 912· 4th Cir.· 1969-05-12 ·cited 4×
  The court held that a conflict of interest arising from counsel also acting as a justice of the peace signing arrest warrants requires a hearing on the issue of waiver. It also held that the claim of inadequate communication between attorney and client before trial must be consid
• Jackson v. State
  221 So. 2d 222· Fla. 1st DCA· 1969-04-10 ·cited 4×
  Willie Jackson and Arthur Lee Moore appealed their armed robbery convictions and five-year sentences. The Florida District Court of Appeal affirmed their convictions, rejecting their arguments that accomplice testimony was unreliable and that dual representation by one attorney c