Conflict Of Interest

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

• United States v. Young
  955 F.2d 99· 1st Cir.· 1992-01-28 ·cited 2×
  The court affirmed the convictions for embezzlement and mail fraud, and the prison sentence, finding sufficient evidence and no legal error.
• Llewellyn P. Woseley and Cynthia K. Madison v. State
  590 So. 2d 979· Fla. 1st DCA· 1991-12-03 ·cited 2×
  Woseley and Madison, co-defendants charged with drug possession, sought certiorari review of an order disqualifying their shared defense counsel. The Florida appellate court held that while a potential conflict of interest existed from the state's plea offer, the trial court erre
• United States v. Plewniak
  947 F.2d 1284· 5th Cir.· 1991-12-02 ·cited 2×
  The court held that the defendant's waiver of a conflict of interest was voluntary and intelligent, and that the trial court did not err in accepting the waiver or in imposing restitution. The court also held that an evidentiary hearing was not required.
• Ershick v. United Mo. Bank OF Kan. City, N.A.
  948 F.2d 660· 10th Cir.· 1991-11-04 ·cited 2×
  The court held that the district court did not err in finding that UMB, as a directed trustee, did not violate ERISA by following the administrator's directions to purchase and retain Greb X-Ray stock, as these actions were permitted by the ESOP and not contrary to ERISA.
• THE Florida BAR v. Morse
  587 So. 2d 1120· Fla.· 1991-10-10 ·cited 2×
  The Florida Bar disciplined attorney Francis R. Morse for conspiring with a partner to conceal malpractice from a client by issuing a blank trust account check, leading to misuse of other clients' funds. The Florida Supreme Court upheld the finding of guilt and imposed a 90-day s
• United States v. Arache
  946 F.2d 129· 1st Cir.· 1991-09-27 ·cited 2×
  The court affirmed the conviction and sentence, holding that the trial judge's concerns about evidence tampering did not warrant acquittal or reversal, and that the jury's role in assessing credibility was paramount.
• William v. Bidwill
  943 F.2d 498· 4th Cir.· 1991-08-30 ·cited 2×
  The court held that the football clubs owed the full $12.5 million annual contributions to the pension plan, as the phrase 'allowable as deductions' did not impose a temporal limit, and that the owner trustees did not breach their fiduciary duties by seeking IRS and judicial clar
• Gilder v. PGA Tour, Inc.
  936 F.2d 417· 9th Cir.· 1991-06-12 ·cited 2×
  The court held that the district court did not abuse its discretion in granting a preliminary injunction against the PGA's U-groove ban, finding serious questions on the merits and that the balance of hardships tipped sharply in favor of the plaintiffs.
• United States v. McNATT
  931 F.2d 251· 4th Cir.· 1991-04-25 ·cited 2×
  The court held that the trial court did not err in denying the motion to suppress, the motion to dismiss for ineffective assistance of counsel, in restricting testimony, in refusing to admit evidence, in denying the motion in limine, or in calculating the sentence.
• Carter v. Armontrout
  929 F.2d 1294· 8th Cir.· 1991-04-09 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on all claims.
• Strouse v. Leonardo
  928 F.2d 548· 2d Cir.· 1991-03-18 ·cited 2×
  The court held that the petitioner made a sufficient showing to be entitled to an evidentiary hearing on his claim of an actual conflict of interest due to his trial counsel's potential expectation of fees as executor.
• Haley v. Armontrout
  924 F.2d 735· 8th Cir.· 1991-01-22 ·cited 2×
  The court held that the district court properly denied the habeas corpus petition, affirming the denial of relief on all grounds.
• Ira L. Mendell v. Greenberg
  927 F.2d 667· 2d Cir.· 1990-11-01 ·cited 2×
  The court held that the failure to disclose the Loehmann family's alleged urgent need for cash to pay estate taxes was not a material omission under federal securities laws, as motive is generally not a required disclosure and the availability of tax deferral options undermined t
• Fla. Ins. Guar. Ass'n v. Carey Canada, Inc.
  749 F. Supp. 255· S.D. Fla.· 1990-10-16 ·cited 2×
  A law firm's delayed withdrawal from representing a client adverse to another current client, after discovering a conflict, means the concurrent representation rule applies, not the less stringent former representation rule.
• Griffin v. State
  565 So. 2d 918· Fla. 5th DCA· 1990-08-30 ·cited 2×
  James Griffin appealed his conviction for unlawful possession of contraband while incarcerated, claiming the trial court erred by forcing appointed counsel on him rather than allowing him to represent himself. The court affirmed the conviction, finding the trial court properly ha
• In re W.F. Dev. Corp. v. Off. OF the United States Tr.
  905 F.2d 883· 5th Cir.· 1990-07-13 ·cited 2×
  An attorney representing both general and limited partners in bankruptcy proceedings will always present a potential for conflict, justifying disqualification.
• Heritage Bank & Tr. Co. v. James Abdnor, United States Small Bus. Admin., Lewis F. Matuszewich & Lewis F. Matuszewich, P.C.
  906 F.2d 292· 7th Cir.· 1990-07-03 ·cited 2×
  The court held that the undisclosed conflict of interest was a condition precedent to the SBA's guaranty and also constituted a material breach of the Loan Guaranty Agreement, releasing the SBA from its obligation.
• Henderson v. Smith
  903 F.2d 534· 8th Cir.· 1990-05-09 ·cited 2×
  The court held that a defendant in state court can validly waive their Sixth Amendment right to conflict-free counsel without an on-the-record inquiry, provided the waiver is knowing, voluntary, and intelligent.
• Williams v. Mordkofsky
  901 F.2d 158· D.C. Cir.· 1990-04-17 ·cited 2×
  The court held that the appellants' claims for negligence and breach of contract were time-barred by the District of Columbia's three-year statute of limitations, and the continuous representation rule did not toll the period. The claim for intentional breach of duty and conflict
• Igneri v. Moore
  898 F.2d 870· 2d Cir.· 1990-03-15 ·cited 2×
  The court held that New York's financial disclosure statute for political party chairmen does not violate their constitutional right to privacy, as the state's interest in deterring corruption and conflicts of interest outweighs the privacy intrusion.
• State Farm Mut. Auto. Ins. Co. v. K.A.W.
  557 So. 2d 601· Fla. 4th DCA· 1990-01-31 ·cited 2×
  A client's consent to representation prevents disqualification, and insurance companies lack standing to assert privilege against adverse representation.
• Am. Land Title Ass'n v. Bd. OF Governors OF the Fed. Reserve Sys.
  892 F.2d 1059· D.C. Cir.· 1989-12-29 ·cited 2×
  The court held that the Board's interpretation of the Bank Holding Company Act's grandfather provision to allow grandfathered bank holding companies to engage in title insurance activities was reasonable and supported by the statute, and that the Board's public benefits analysis
• The Bd. OF Trs. OF THE Watsonville Frozen Food Welf. Tr. Fund & The Watsonville Frozen Food Welf. Tr. Fund v. Cal. Coop. Creamery
  877 F.2d 1415· 9th Cir.· 1989-06-21 ·cited 2×
  The court held that a termination premium assessed by a trust fund was authorized by the trust agreement and that an employer could not raise a breach of fiduciary duty defense, but could raise a conflict of interest defense related to the premium's imposition.
• In re A.H. Robins Co. v. Mabey
  880 F.2d 769· 4th Cir.· 1989-06-16 ·cited 2×
  The court held that the district court's actions, while extensive, did not constitute impermissible interference with the day-to-day operations of the Daikon Shield Claimants' Trust, and the Claimants' Committee had standing to raise these issues.
• United States v. Wallach
  870 F.2d 902· 2d Cir.· 1989-03-23 ·cited 2×
  The Court of Appeals lacks jurisdiction to review an interlocutory order denying a pretrial motion to dismiss an indictment, as it does not fall within the collateral order exception to the final judgment rule.
• Picker Int'l, Inc. v. Varian Assocs., Inc.
  869 F.2d 578· Fed. Cir.· 1989-03-07 ·cited 2×
  The court held that district courts erred by applying a per se rule for disqualification without balancing the detriment to the clients.
• Manzanita Park, Inc. v. Ins. Co. OF N. Am.
  857 F.2d 549· 9th Cir.· 1988-09-13 ·cited 2×
  The court held that collateral estoppel did not bar relitigation of the employee issue due to a conflict of interest, and that the insurer owed a fiduciary duty to the insured. It also held that the statute of limitations for negligence and misrepresentation claims did not begin
• Thermocycle Int'l, Inc. v. A.F. Hinrichsen Sales Corp.
  851 F.2d 339· Fed. Cir.· 1988-06-30 ·cited 2×
  The court held that the entry of a default judgment was an abuse of discretion because the penalty was disproportionate to the alleged misconduct and no lesser sanctions were considered.
• LAW Offs. OF Seymour M. Chase, P.C. v. Fed. Commc'ns Comm'n & United States
  843 F.2d 517· D.C. Cir.· 1988-03-25 ·cited 2×
• Nilson-Newey & Co. v. Ballou
  839 F.2d 1171· 6th Cir.· 1988-02-18 ·cited 2×
  A lawyer who fails to disclose material defects in title, such as acreage discrepancies and adverse claims, to a client, even when acting for multiple parties with conflicting interests, can be held liable for legal malpractice.
• In re Chicago v. Chicago Milwaukee Corp. & the Debtor
  840 F.2d 1308· 7th Cir.· 1988-02-08 ·cited 2×
  An attorney acting in a representative capacity in a bankruptcy reorganization is barred from receiving fees from the estate if they, or an entity they control, purchase or sell claims against the debtor without court approval, regardless of good faith or actual conflict.
• In re Rules of Probate & Guardianship Procedure (public Guardianship)
  517 So. 2d 675· Fla.· 1987-12-23 ·cited 2×
  The Florida Supreme Court considered a petition from the Advisory Committee on Public Guardianship recommending amendments to the Rules of Probate and Guardianship Procedure to implement the newly enacted Public Guardianship Act. The Court adopted some proposed rule amendments wh
• United States v. Elam L. Denham and Mary R. Denham
  817 F.2d 1307· 8th Cir.· 1987-05-06 ·cited 2×
  The court held that the district court erred in denying the motion for relief from judgment as untimely and against an adverse party, remanding for a hearing.
• THE Florida BAR v. Gelman
  504 So. 2d 1228· Fla.· 1987-04-02 ·cited 2×
  The Florida Bar disciplined attorney Stanley Gelman for multiple professional misconduct violations across two cases, including falsifying documents in litigation, creating conflicts of interest, and mishandling client trust account funds. The Florida Supreme Court adopted the re
• Women's Fed. Sav. & Loan Ass'n v. Nev. Nat'l Bank
  811 F.2d 1255· 9th Cir.· 1987-03-02 ·cited 2×
  A fiduciary's breaches of contractual and fiduciary duties, particularly those central to the beneficiary's purpose in the agreement, warrant rescission even if the primary financial obligations were met.
• Stanek v. Dep't OF Transp.
  805 F.2d 1572· Fed. Cir.· 1986-12-03 ·cited 2×
  The court agrees that removal is justified for soliciting a loan from someone who could benefit from research, and that such solicitation is not protected activity.
• Falconer v. Meehan
  804 F.2d 72· 7th Cir.· 1986-10-22 ·cited 2×
  The court affirmed the district court's grant of summary judgment on the legal malpractice claim, finding the issues were barred by collateral estoppel, and affirmed the denial of the recusal motion, as prior judicial acts are not set aside for mere appearance of impropriety.
• United States v. Strawser
  800 F.2d 704· 7th Cir.· 1986-09-10 ·cited 2×
  The court held that the district court had a proper basis to order disgorgement of excessive attorney fees when the fee dispute impacted the defendant's ability to secure representation and potentially involved funds subject to forfeiture.
• In re AOV Indus., Inc. v. AOV Indus., Inc.
  798 F.2d 491· D.C. Cir.· 1986-08-08 ·cited 2×
  The court held that Wilmer, Cutler & Pickering's concurrent representation of a creditors' committee and the Disbursing Agent violated Bankruptcy Code § 1103(b), requiring vacation of its fee award. The court also affirmed the dismissal of Bruce's appeal regarding the Agent's app
• Rockwell v. Dep't of Transp.
  789 F.2d 908· Fed. Cir.· 1986-05-01 ·cited 2×
  The court held that the appeal was frivolous, denying the motion to adduce additional evidence and affirming the removal decision, while imposing a sanction on counsel.
• Zamora v. Wainwright
  637 F. Supp. 439· S.D. Fla.· 1986-04-28 ·cited 2×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, as his trial attorney's performance did not fall below the constitutional standard and did not create an actual conflict of interest that adversely affected the defense.
• Midway Mfg. Co. v. Kruckenberg
  779 F.2d 624· 11th Cir.· 1986-01-10 ·cited 2×
  The court held that it would not decide the broad issue of whether opposing counsel may be appointed as prosecutors without first examining the specific facts of the case.
• Smith v. Whatcott
  774 F.2d 1032· 10th Cir.· 1985-10-15 ·cited 2×
  The court held that a law firm should not be disqualified from representing a client on appeal based on a "double imputation" of confidential information from a previously disqualified firm, absent a close working relationship or actual access to confidences.
• The Miami Herald Publ'g Co. & Palm Beach Newspapers, Inc. v. John W. Hagler & the State of Fla.
  471 So. 2d 1344· Fla. 4th DCA· 1985-06-26 ·cited 2×
• Zamora v. Wainwright
  610 F. Supp. 159· S.D. Fla.· 1985-05-30 ·cited 2×
  The court held that claims are exhausted for federal habeas relief if pursuing them in state court would be futile, even if not explicitly ruled upon by state courts.
• Maura v. State
  469 So. 2d 150· Fla. 3d DCA· 1985-03-19 ·cited 2×
• Oneida OF the Thames Band v. State OF NEW York
  757 F.2d 19· 2d Cir.· 1985-03-05 ·cited 2×
  The court held that while potential conflicts exist, joint representation may be permissible with informed client consent after full disclosure, and a related discovery ruling should be reconsidered.
• In re Code OF Jud. Conduct Amendment TO Canon 5C(2) (Investments)
  463 So. 2d 1132· Fla.· 1985-01-24 ·cited 2×
  The modification of Canon 5C(2) of the Florida Code of Judicial Conduct is contrary to the purpose and intent of the original code, which aimed to preserve judicial integrity and independence by limiting judges' involvement in business.
• Am. Airways Charters, Inc. v. Regan
  746 F.2d 865· D.C. Cir.· 1984-10-23 ·cited 2×
  The Office of Foreign Assets Control (OFAC) does not have the authority to prevent a corporation from being represented by counsel, even if designated a 'Cuban national'.
• THE Florida BAR v. Staley
  457 So. 2d 489· Fla.· 1984-10-04 ·cited 2×
  The Florida Bar sought review of a referee's report recommending discipline for an attorney who handled a felony trial without sufficient competency and failed to disclose a material fact, with the court ultimately adopting the referee's recommended discipline.