Conflict Of Interest

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

• Andrew S. Fine under a Deed of Assignment v. Jerrold G. Weinberg in Bankruptcy
  384 F.2d 471· 4th Cir.· 1967-10-11 ·cited 4×
  The court held that while the trustee's fee was properly determined by the bankruptcy court, the attorney for the trustee may be entitled to a fee for services beneficial to the estate, provided they were not duplicative of the trustee's compensated services.
• THE Florida BAR v. Dodd
  195 So. 2d 204· Fla.· 1967-02-08 ·cited 4×
  The Florida Supreme Court reviewed a disciplinary proceeding against attorney James A. Dodd following a recommendation for permanent disbarring. The Court found Dodd guilty of multiple ethical violations including solicitation of employment and conflicts of interest, but imposed
• United States v. Cosentino
  372 F.2d 61· 7th Cir.· 1967-02-01 ·cited 4×
  The court held that the trial court did not err in its handling of attorney representation or in finding sufficient evidence to impute guilty knowledge to the appellant.
• Dawson v. Peyton
  359 F.2d 149· 4th Cir.· 1966-04-08 ·cited 4×
  The court held that the petitioner's allegations of constitutional violations were not supported by the evidence presented in prior proceedings.
• Lucero v. United States
  335 F.2d 912· 10th Cir.· 1964-08-26 ·cited 4×
  The court held that a defendant's counsel's part-time state employment did not violate a local rule or render the representation ineffective, as the rule could be modified to avoid injustice and no prejudice was shown.
• In re G. E. C. Sec., Inc. v. Kilsheimer
  331 F.2d 655· 2d Cir.· 1964-05-12 ·cited 4×
  The court held that the referee's conduct of the election was not a plain error of law or abuse of discretion, and the district court's confirmation of the trustee appointment was not clearly erroneous.
• Sherwood & Roberts-Kennewick, Inc. v. ST. Paul Fire & Marine Ins. Co.
  322 F.2d 70· 9th Cir.· 1963-08-22 ·cited 4×
  The court held that the trial court properly instructed the jury on fraud and dishonesty and did not err in denying the appellant's motion for a directed verdict or in refusing to admit certain evidence.
• Mardel Sec., Inc. v. Alexandria Gazette Corp.
  320 F.2d 890· 4th Cir.· 1963-06-29 ·cited 4×
  The court held that the defendant officer breached his fiduciary duty by causing the corporation to print his personal newspaper at below-market rates, resulting in legal fraud, and affirmed the trial court's damages calculation and application of payments.
• Pannell v. Cunningham
  302 F.2d 633· 4th Cir.· 1962-04-28 ·cited 4×
  The court held that the petitioner was not denied effective assistance of counsel and that the state court's findings on jurisdiction and sanity were adequately supported.
• Heilman v. Ginberg
  284 F.2d 239· D.C. Cir.· 1960-11-17 ·cited 4×
  The court held that the appellant, not being a party to the Probate Court proceeding, lacked standing to appeal the order.
• Higgins v. Shenango Pottery Co.
  279 F.2d 46· 3d Cir.· 1960-05-10 ·cited 4×
  Officers and directors who breach their fiduciary duty by diverting corporate opportunities are liable for the profits gained, even if those profits were subsequently reduced by renegotiation. Limited partners are also liable if they had notice of the breach.
• Admiral Co. v. Thomas
  271 F.2d 849· D.C. Cir.· 1959-11-05 ·cited 4×
  The court held that the sale procedures were invalid due to conflicts of interest among the parties involved in the sale under a deed of trust.
• Cities Serv. Co. v. Sec. & Exch. Comm'n
  247 F.2d 646· 2d Cir.· 1957-07-15 ·cited 4×
  The Securities and Exchange Commission correctly denied Cities Service Company's application for exemption from the Public Utility Holding Company Act because a publicly-held minority interest in a subsidiary created an inequitable distribution of voting power, justifying retaine
• Fuerst v. Noell
  156 F.2d 257· 8th Cir.· 1946-07-22 ·cited 4×
  The court held that the trial court erred in dismissing the appellants' claim for failure to state a claim upon which relief could be granted, as the case presented factual issues requiring a trial on the merits.
• Schiffman v. Hunter
  145 F.2d 288· 10th Cir.· 1944-10-19 ·cited 4×
  The court held that the petitioners were competently and effectively represented by counsel of their choosing, and that their interests were not in conflict.
• Crites, Inc. v. Prudential Ins. Co. of Am.
  134 F.2d 925· 6th Cir.· 1943-04-02 ·cited 4×
  A receiver who is not in a position to stifle bidding or act as both buyer and seller in a court-ordered sale is not prohibited from receiving compensation for services rendered to a third party in a separate transaction, even if that party later purchases the property from the m
• In re Prudence Bonds Corp.
  122 F.2d 258· 2d Cir.· 1941-07-23 ·cited 4×
  The court affirmed most lower court decisions regarding allowances in a corporate reorganization but reversed one claim and modified several others, finding some awards excessive and others inadequate.
• Cochran v. The Penn Mut. Life Ins. Co.
  35 F.4th 1310· 11th Cir.· 2022-05-31 ·cited 3×
  The Securities Litigation Uniform Standards Act (SLUSA) bars state law class action claims alleging misrepresentation or omission in connection with the purchase or sale of a covered security, even if framed as a breach of fiduciary duty based on a conflict of interest.
• In re Amendments to the Rules Regulating the Florida Bar (biennial Petition)
  234 So. 3d 577· Fla.· 2017-11-09 ·cited 3×
  The Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar in response to a biennial petition filed by The Florida Bar. The Court approved most proposals with modifications, including changes to board certification, trust account rules, disciplinary proc
• Bowden v. State
  150 So. 3d 264· Fla. 1st DCA· 2014-10-27 ·cited 3×
  Devin Bowden appeals the revocation of his community control/probation, arguing the trial court erred by discharging his appointed counsel without conducting a Faretta hearing or appointing replacement counsel, forcing him to proceed pro se at his revocation hearing. Although the
• Reuben Alexis v. State
  140 So. 3d 616· Fla. 1st DCA· 2014-04-14 ·cited 3×
  The court, bound by precedent, reversed the lower court's decision due to an insufficient inquiry into a potential conflict of interest.
• Lash & Goldberg LLP v. Clarke
  88 So. 3d 426· Fla. 4th DCA· 2012-05-16 ·cited 3×
  The court reversed the trial court's denial of a motion to compel arbitration, holding that non-signatory defendants (law firm and individual attorneys) could compel arbitration based on allegations of concerted misconduct with signatory defendants under the equitable estoppel do
• Jones v. State
  58 So. 3d 922· Fla. 5th DCA· 2011-04-08 ·cited 3×
  The denial of the defendant's motion for a continuance was a palpable abuse of discretion, requiring reversal and remand for a new trial.
• Epolito v. Prudential Ins. Co. of Am.
  737 F. Supp. 2d 1364· M.D. Fla.· 2010-09-02 ·cited 3×
  The court held that the plan's definition of 'Employer' encompassed Unitrin and its affiliates, meaning pension benefits accrued under a former owner were deductible. The court adopted Florida's contract interpretation rules and the doctrine of contra proferentem for ERISA cases.
• State v. DE LA OSA
  28 So. 3d 201· Fla. 4th DCA· 2010-02-24 ·cited 3×
  Florida's State Attorney sought to disqualify the defendant's chosen counsel, Teresa Williams, a former assistant statewide prosecutor, based on her prior work with a task force investigating hundreds of individuals. The Fourth District Court of Appeal denied the state's petition
• Herman v. Metro. Life Ins.
  689 F. Supp. 2d 1316· M.D. Fla.· 2010-02-11 ·cited 3×
  The court affirmed the magistrate judge's report, granting MetLife summary judgment on the plaintiff's claim for benefits and denying MetLife's counterclaim for reimbursement of overpaid benefits.
• Murray v. Hartford Life & Accident Ins.
  623 F. Supp. 2d 1341· M.D. Fla.· 2009-06-11 ·cited 3×
  The court held that the insurer's denial of long-term disability benefits was not wrong, as the plaintiff was capable of performing light work during the elimination period based on the policy's definition of disability and the available medical evidence.
• Bankers Life Ins. Co. v. Credit Suisse First Boston Corp.
  590 F. Supp. 2d 1364· M.D. Fla.· 2008-10-22 ·cited 3×
  The court denied defendants' motions to dismiss, finding that the plaintiffs' second amended complaint sufficiently alleged claims for third-party beneficiary status, successor liability, civil conspiracy, and common law fraud to survive a motion to dismiss.
• Epolito v. Prudential Ins. Co. of Am.
  523 F. Supp. 2d 1329· M.D. Fla.· 2007-10-10 ·cited 3×
  The court granted Plaintiff's dispositive motion for summary judgment, finding the defendant's denial of benefits was not supported by sufficient evidence and was arbitrary and capricious. The court denied Plaintiff's partial motion regarding offsets, remanding that issue to the
• Grossman v. Crosby
  359 F. Supp. 2d 1233· M.D. Fla.· 2005-01-31 ·cited 3×
  The court denied Petitioner Martin E. Grossman's amended petition for a writ of habeas corpus.
• Fick v. Metro. Life Ins.
  347 F. Supp. 2d 1271· S.D. Fla.· 2004-11-11 ·cited 3×
  The court affirmed the grant of summary judgment for MetLife, finding that MetLife's denial of disability benefits was not 'wrong' under de novo review, thus ending the inquiry.
• Meyer v. Hartford Life & Acc. Ins. Co.
  320 F. Supp. 2d 1256· M.D. Fla.· 2004-04-24 ·cited 3×
  The court held that the plan administrator's denial of long-term disability benefits was not "wrong" under the applicable standard of review, and therefore, summary judgment for the defendant was appropriate.
• United States v. Aisenberg
  247 F. Supp. 2d 1272· M.D. Fla.· 2003-01-31 ·cited 3×
  The court held that the government's concession of liability under the Hyde Amendment was valid, and the determination of reasonable attorney's fees and litigation expenses would proceed.
• Vickers v. Guardian Life Ins. Co. of Am.
  204 F. Supp. 2d 1326· M.D. Fla.· 2002-04-25 ·cited 3×
  The court held that the insurer's denial of benefits was arbitrary and capricious due to a conflict of interest, and granted summary judgment for the beneficiary.
• Gerri Toneatti v. State
  805 So. 2d 112· Fla. 4th DCA· 2002-01-23 ·cited 3×
  The court held that the appellant's Sixth Amendment right to conflict-free counsel was violated when the public defender represented both her and her co-defendant, who had antagonistic defenses.
• Schindler v. Metro. Life Ins.
  141 F. Supp. 2d 1073· M.D. Fla.· 2001-04-30 ·cited 3×
  The court held that the plan administrator's decision to terminate disability benefits was correct and reasonable, as the claimant failed to provide sufficient objective medical evidence of total disability, and surveillance contradicted his claims.
• Brown v. BellSouth Telecomms. Inc.
  73 F. Supp. 2d 1308· M.D. Fla.· 1999-08-04 ·cited 3×
  The court held that the arbitrary and capricious standard of review applied to the denial of ERISA benefits because the plan granted discretionary authority to the administrator. The court also found that the plaintiff's claims were not barred by the statute of limitations.
• Brye v. State
  702 So. 2d 256· Fla. 1st DCA· 1997-12-01 ·cited 3×
  Appellant Brye appeals the denial of his motion to withdraw no contest pleas to drug charges. The court held that the trial court reversibly erred by ruling on the motion to withdraw pleas before permitting his conflicted counsel to withdraw and appointing new counsel, creating a
• Marcus v. Sullivan
  701 So. 2d 660· Fla. 3d DCA· 1997-11-26 ·cited 3×
  A lawyer sought to enforce a promissory note signed by the defendant (girlfriend of his client) to secure payment of $20,000 in legal fees for her boyfriend's divorce. The trial court found the note unenforceable due to duress and conflict of interest, but the appellate court rev
• Dorsey A. Sanders, III v. State
  689 So. 2d 410· Fla. 5th DCA· 1997-03-07 ·cited 3×
  Sanders appeals the denial of his Rule 3.850 post-conviction motion challenging the admission of hearsay testimony about statements made by a contract killer. Sanders argues that because a co-defendant's convictions were reversed on appeal due to the same hearsay evidence being e
• McPHERSON v. State
  688 So. 2d 403· Fla. 2d DCA· 1997-02-12 ·cited 3×
  Florida appellate court reversed McPherson's convictions because the trial court failed to conduct a Nelson inquiry before summarily denying his motion to terminate appointed counsel based on claimed conflicts and inadequate representation.
• Kurland v. United States
  919 F. Supp. 419· M.D. Fla.· 1996-03-06 ·cited 3×
  The court held that a disinterested stakeholder in an interpleader action may be discharged from liability and enjoined from further action upon depositing disputed funds into the court registry, even if a federal tax lien is involved, provided no improper conduct is alleged.
• Neal v. State
  636 So. 2d 197· Fla. 4th DCA· 1994-05-04 ·cited 3×
  The court reversed the trial court's denial of post-conviction relief and remanded for an evidentiary hearing on the defendant's claim of involuntary plea, vacated his conviction for driving with a suspended license, and required appointment of new counsel due to conflict of inte
• THE Fla. BAR RE Amendments TO Rules Regulating THE Fla. BAR. Amendment TO THE Rules Regulating THE Fla. Bar-Rule 4-1.8(e)
  635 So. 2d 968· Fla.· 1994-04-21 ·cited 3×
  The Florida Supreme Court approved most of The Florida Bar's proposed amendments to rules regulating the Bar and rejected petitions from 50 Bar members and an individual attorney seeking amendments regarding third-party litigation financing and referee discretion. The Court amend
• Burden v. Zant
  510 U.S. 132· U.S.· 1994-01-10 ·cited 3×
  The Court held that the Eleventh Circuit erred in failing to presume the correctness of a state court's finding regarding immunity for a key witness.
• Snyderburn v. Bantock
  625 So. 2d 7· Fla. 5th DCA· 1993-09-03 ·cited 3×
  Snyderburn, a receiver for Sunland Mortgage Corporation, sought to enforce an attorney's charging lien for 12% of settlement proceeds in a securities fraud case against investors' counsel. The court partially affirmed and reversed the lower court's refusal to enforce the lien, ho
• United States v. Cook
  997 F.2d 1312· 10th Cir.· 1993-06-25 ·cited 3×
  Fourth Amendment claims are not reviewable in a § 2255 motion if the prisoner had a full and fair opportunity to litigate the claim at trial and on direct appeal. Other claims are remanded for further proceedings.
• Compo v. State
  617 So. 2d 362· Fla. 2d DCA· 1993-04-14 ·cited 3×
  This case addresses the Public Defender's motion to withdraw from representing James Compo in three consolidated appeals, along with Compo's pro se efforts to remove his counsel and conduct his own appellate representation. The court grants the public defender's withdrawal motion
• Owen v. Wangerin
  985 F.2d 312· 7th Cir.· 1993-01-29 ·cited 3×
  The court held that the fraud claim for the 1977 deed was barred by the statute of limitations, but the reformation claim for that deed should be remanded. The disqualification of the attorney was affirmed, but the dismissal of a claim for failure to prosecute was reversed.
• Porter v. Dugger
  805 F. Supp. 941· M.D. Fla.· 1992-10-30 ·cited 3×
  The court held that the petitioner received effective assistance of counsel at both sentencing hearings and that no actual conflict of interest existed, denying habeas corpus relief.