Conflict Of Interest

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

• United Farm Workers OF Am., AFL-CIO v. Ariz. Agric. Emp. Relations Bd.
  727 F.2d 1475· 9th Cir.· 1984-03-14 ·cited 2×
  The court held that the Arizona Agricultural Employment Relations Act's composition of the Board, with representatives of employers, labor, and the public, does not facially violate due process, as such balanced tripartite structures are common and not inherently biased without a
• Sundel v. Justices OF the Superior Court OF the State OF R.I.
  728 F.2d 40· 1st Cir.· 1984-02-29 ·cited 2×
  A defendant's request for a mistrial, made after the judge removes their counsel, will be taken at face value, and a subsequent retrial will not violate the Double Jeopardy Clause unless the judge's removal of counsel was motivated by bad faith or harassment.
• In re Witness-Attorney Before Grand Jury
  613 F. Supp. 394· S.D. Fla.· 1984-01-24 ·cited 2×
  The court held that the identity of the witness-attorney's client is privileged information under the attorney-client privilege in this case, and the government's motion to compel testimony must be denied.
• Wright v. State
  442 So. 2d 301· Fla. 5th DCA· 1983-12-01 ·cited 2×
  In this appeal of a joint representation case, the Florida Fifth District Court of Appeal affirmed convictions of two defendants charged with kidnapping, armed robbery, and sexual assault, finding no actual conflict of interest despite their joint counsel despite their joint coun
• Christian v. Housewright
  721 F.2d 240· 8th Cir.· 1983-11-16 ·cited 2×
  The court held that while the trial court erred in failing to provide a limiting instruction regarding prior convictions, this error was harmless. Additionally, the court found no ineffective assistance of counsel or actual conflict of interest arising from joint representation.
• Volk v. State
  436 So. 2d 1064· Fla. 5th DCA· 1983-09-01 ·cited 2×
  The court held that an assistant public defender, not merely the elected public defender, may certify a conflict of interest and move for appointment of other counsel under Florida Statute 27.53(3). The decision reversed Volk's conviction because the trial court improperly appoin
• THE Florida BAR v. Jameison
  426 So. 2d 16· Fla.· 1983-01-13 ·cited 2×
  The Florida Bar disciplined attorney John H. Jameison, Jr., for misconduct arising from his representation of an elderly client, including establishing a foundation using the client's funds while serving as attorney, charging excessive fees, and failing to avoid conflicts of inte
• Howard v. State of Fla. Comm'n ON Ethics
  421 So. 2d 37· Fla. 3d DCA· 1982-10-26 ·cited 2×
  The court reviewed an advisory opinion from the Florida Commission on Ethics concerning whether a school board attorney, who is a partner in a law firm contracting with the school board, has a prohibited conflict of interest.
• Urichuck v. Clark
  689 F.2d 40· 3d Cir.· 1982-09-14 ·cited 2×
  The court held that a union may reimburse officers for legal expenses in a Title I suit where the union's interests align with the officers', and no conflict of interest is demonstrated.
• Jackson v. W. I. (Bill) Hollowell
  685 F.2d 961· 5th Cir.· 1982-09-13 ·cited 2×
  A party formally made a defendant in a lawsuit should generally be allowed to retain its own counsel, and the reasonableness of such retention is usually presumed.
• THE Florida BAR v. Tarrant
  415 So. 2d 24· Fla.· 1982-05-27 ·cited 2×
  The Florida Bar disciplined attorney Michael T. Tarrant for misappropriating client trust funds, neglecting client matters, and maintaining improper trust account records. The Supreme Court upheld the referee's findings and suspended Tarrant from practice for three years with con
• United States v. Young
  677 F.2d 381· 4th Cir.· 1982-04-21 ·cited 2×
  The court held that the denial of the motion for a new trial is affirmed because the appellant's refusal to testify prevented the court from determining if an actual conflict of interest adversely affected his trial.
• H. S. Equities, Inc. v. Hartford Accident & Indem. Co.
  661 F.2d 264· 2d Cir.· 1981-10-01 ·cited 2×
  The court held that a good-faith settlement by an indemnitee, after the indemnitor was given an opportunity to defend and declined, creates presumptive evidence of facts alleged, which the indemnitor can contest, and that a denial of liability by the insurer waives notice require
• Childs v. Nat'l Bank OF Austin
  658 F.2d 487· 7th Cir.· 1981-08-25 ·cited 2×
  A trustee's agent who obtains a management position in a corporation owned by the trust, even if intended by the settlor, must account to the trust for any salary received from that position, absent specific exceptions.
• United States v. Conlon
  661 F.2d 235· D.C. Cir.· 1981-08-13 ·cited 2×
  The court held that the evidence was sufficient to support the conviction, the jury instructions were proper and did not amend the indictment, and there was no prosecutorial misconduct.
• THE Florida BAR v. Abrams
  402 So. 2d 1150· Fla.· 1981-06-25 ·cited 2×
  The Florida Bar sought discipline against Benjamin M. Abrams, a Florida-licensed attorney practicing in Micronesia, for representing clients with conflicting interests, soliciting his own employment from government witnesses, and misrepresenting his representation to a court. The
• Bryan v. United States
  645 F.2d 842· 9th Cir.· 1981-05-22 ·cited 2×
  The court held that the record was insufficient to determine if counsel's former representation of Romero created a conflict of interest.
• Pueblo of Santo Domingo v. The United States
  647 F.2d 1087· Ct. Cl.· 1981-04-22 ·cited 2×
  A client is bound by a stipulation entered into by their attorney unless they seek relief seasonably, and a nearly twelve-year delay is not seasonable.
• United States v. Canessa
  644 F.2d 61· 1st Cir.· 1981-03-23 ·cited 2×
  The court held that the defendant's claims of ineffective assistance of counsel due to conflicts of interest were without merit, and the denial of investigative funds was not reversible error.
• Baltimore Contractors, Inc. v. The United States
  643 F.2d 729· Ct. Cl.· 1981-02-25 ·cited 2×
  The court's ultimate legal authority relied upon is objected to, with the proper foundation for the decision being the due process clause of the fifth amendment.
• Taxpayers v. Haber
  634 F.2d 182· 5th Cir.· 1981-01-12 ·cited 2×
  The court held that an attorney previously involved in a redevelopment project as city attorney is disqualified from representing plaintiffs suing city officials regarding that project, under ethical rules prohibiting former public employees from accepting private employment in m
• Wright v. State
  389 So. 2d 662· Fla. 1st DCA· 1980-10-10 ·cited 2×
  A school teacher who took an unpaid leave of absence while elected to the school board challenged the Florida Commission on Ethics' finding that she violated the statutory prohibition on employees holding office in their employer's governing body. The court held that a teacher on
• Dunn v. Hackworth
  628 F.2d 1111· 8th Cir.· 1980-08-27 ·cited 2×
  The court held that a privately retained attorney's status as a state juvenile officer, without more, does not transform their representation into state action for purposes of a § 1983 claim.
• United States ex rel. John Sullivan v. Cuyler
  631 F.2d 14· 3d Cir.· 1980-08-19 ·cited 2×
  The court remanded the case to the district court for reconsideration of the sufficiency of evidence under the Jackson standard and the issue of actual conflict of interest affecting counsel's performance.
• Kibert v. Blankenship
  611 F.2d 520· 4th Cir.· 1979-12-04 ·cited 2×
  The court held that the district court erred in granting habeas corpus relief, as the petitioner's guilty plea was voluntary and knowingly entered, and he was not denied effective assistance of counsel.
• The Hibernia Bank with the will Annexed of the Est. of Celia Tobin Clark v. The United States
  581 F.2d 741· 9th Cir.· 1978-08-31 ·cited 2×
  The court concurred that Internal Revenue Code § 2053(a)(2) permits deduction of expenditures that are expenses of administration under federal estate tax law.
• THE Florida BAR v. Shemwell
  361 So. 2d 421· Fla.· 1978-07-27 ·cited 2×
  The Florida Supreme Court disbarred attorney Donald J. Shemwell for multiple serious violations including mishandling client trust funds, engaging in conflicting representations, misappropriating client payments, and abandoning legal matters. The Court rejected the referee's reco
• United States v. Griffin
  579 F.2d 1104· 8th Cir.· 1978-06-29 ·cited 2×
  The court held that the defendants' contentions lacked merit and affirmed their convictions, finding no prejudicial error in the trial court's rulings or instructions.
• United States v. Johnson
  569 F.2d 269· 5th Cir.· 1978-03-08 ·cited 2×
  The court held that joint representation of a husband and wife did not constitute ineffective assistance of counsel because no actual conflict of interest or prejudice was demonstrated. The court also held that the jury instructions were adequate regarding the husband's confessio
• United States v. Bensabat
  568 F.2d 1226· 5th Cir.· 1978-03-06 ·cited 2×
  The court held that the government's withholding of certain information did not violate Brady v. Maryland or the Jencks Act, and thus did not deny the defendant a fair trial.
• Marol Donna Maxon v. Estelle
  558 F.2d 306· 5th Cir.· 1977-08-29 ·cited 2×
  The court held that a conflict of interest in joint representation may require an evidentiary hearing to determine ineffective assistance of counsel.
• In re REA Holding Corp. v. Bankruptcy
  558 F.2d 1127· 2d Cir.· 1977-07-27 ·cited 2×
  The court held that the Chapter X petition was not filed in good faith because it was unreasonable to expect a plan of reorganization could be effected, given REA's substantial financial losses and lack of assets.
• United States v. Villarreal
  554 F.2d 235· 5th Cir.· 1977-06-20 ·cited 2×
  The court held that the defendant's Sixth Amendment right to counsel was not violated by the court allowing him to retain counsel with a potential conflict of interest, as he knowingly waived this right.
• In re the Est. of Samuel Donner v. Anton
  347 So. 2d 436· Fla. 3d DCA· 1977-05-24 ·cited 2×
  Beatrice Donner, a judgment creditor of her deceased former husband's estate, appealed orders authorizing the sale of the deceased's partnership interests pursuant to a buy-sell agreement. The court affirmed the sale, finding the buy-sell agreement and its amendments were valid a
• THE Fla. BAR. In re Paul M. Pahules
  334 So. 2d 23· Fla.· 1976-06-16 ·cited 2×
  In this disciplinary proceeding, the Florida Supreme Court affirmed a three-month suspension of attorney Paul M. Pahules for conflicts of interest and mishandling of client funds, finding violations of professional responsibility rules stemming from his role in the Colorflame ven
• Resedean v. Civil Serv. Bd. OF the City OF Pensacola
  332 So. 2d 150· Fla. 1st DCA· 1976-05-14 ·cited 2×
  A Pensacola Fire Department Captain sought declaratory relief to determine whether he could run for elective office while remaining a civil service employee. The court held that while the 1974 amendment to Florida's political activity statute allows municipal employees to partici
• THE Fla. BAR. In re Herman Cohen
  331 So. 2d 306· Fla.· 1976-04-14 ·cited 2×
  The Court approved the conditional guilty plea and disciplined the respondent by public reprimand and taxation of costs.
• Friedman v. Snelling
  526 F.2d 1346· 1st Cir.· 1975-12-15 ·cited 2×
  The court held that the plaintiff's claim for a jury trial was properly struck as the action was a bankruptcy proceeding, not a plenary suit, and affirmed the dismissal of the complaint.
• Collins v. Green
  505 F.2d 22· 5th Cir.· 1974-12-09 ·cited 2×
  The court held that the petitioner failed to present convincing evidence to rebut the presumption of correctness of the state court's factual determination that his guilty plea was voluntarily and knowingly entered with competent counsel.
• THE Florida BAR v. Novak
  313 So. 2d 727· Fla.· 1974-12-04 ·cited 2×
  The Florida Bar disciplined attorney Walter F. Novak for ethical violations in accepting substantial gifts and financial benefits from an elderly client while serving as her attorney and trustee, despite his eventual restitution and the client's later withdrawal of those arrangem
• Manuel v. Salisbury
  497 F.2d 388· 6th Cir.· 1974-05-17 ·cited 2×
  The court held that the petitioner failed to prove a denial of due process, as there was no evidence that confidential information was disclosed by his attorney's partner to the prosecutor.
• Peters v. Gray
  494 F.2d 327· 7th Cir.· 1974-03-29 ·cited 2×
  A state trial judge's refusal to appoint new counsel for an indigent defendant, based on the defendant's dissatisfaction, does not violate the Sixth Amendment if the defendant received effective assistance of counsel and the trial was not fundamentally unfair.
• Foreign Study League v. Civil Aeronautics Bd.
  475 F.2d 865· 10th Cir.· 1973-03-20 ·cited 2×
  The Civil Aeronautics Board has jurisdiction under Section 408(b) of the Federal Aviation Act to re-examine prior acquisition approvals and order divestiture when subsequent acquisitions create anticompetitive consequences, even if the subsequent acquisition was not directly subj
• United States v. Boyd
  467 F.2d 1370· 9th Cir.· 1972-09-22 ·cited 2×
• United States v. Donovan
  464 F.2d 497· 3d Cir.· 1972-06-30 ·cited 2×
  The court held that the appellant was not deprived of effective assistance of counsel and was not subjected to double jeopardy.
• Crystal City v. DEL Monte Corp.
  463 F.2d 976· 5th Cir.· 1972-05-24 ·cited 2×
• Homer A. Bonhiver Am. Allied Ins. Co. & Allied Realty of St. Paul, Inc. v. Rotenberg
  461 F.2d 925· 7th Cir.· 1972-05-12 ·cited 2×
  The court held that the plaintiff failed to prove causation in fact and failed to present expert testimony to establish the standard of professional conduct for attorneys, thus reversing the judgment.
• N. City Area-Wide Council, Inc. v. Romney
  456 F.2d 811· 3d Cir.· 1972-02-25 ·cited 2×
  The court held that the Secretary violated the Act by accepting a proposal for major modification of the Model Cities Program without adequate citizen participation.
• United States v. McGARVA
  453 F.2d 918· 5th Cir.· 1972-01-10 ·cited 2×
  The court held that the appellant's due process rights were not violated and that the denial of his conscientious objector claim had a basis in fact, affirming his conviction.
• Flamingo Drift Fishing, Inc. v. NIX
  251 So. 2d 316· Fla. 4th DCA· 1971-08-13 ·cited 2×
  The court held that the loan agreement did not impose an obligation on the bank towards the plaintiff regarding the employment of a marine surveyor, and there was no evidence to submit the negligence claim to a jury.