Conflict Of Interest

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

• Rae Ann Campellone v. Cragan
  910 So. 2d 363· Fla. 5th DCA· 2005-09-16 ·cited 1×
  This case involves consolidated appeals from a judgment on claims and counterclaims arising from the acquisition and development of real estate, with the appellate court reversing in part and remanding for a new trial on lost commissions and damages for fill and settlement fees.
• Frados v. Cont'l Cas. Co.
  363 F. Supp. 2d 1349· S.D. Fla.· 2005-02-02 ·cited 1×
  The court held that plaintiff is not entitled to a jury trial under ERISA and that defendant did not abuse its discretion in terminating disability benefits.
• Curran v. Abbott Labs. Extended Disability Plan
  331 F. Supp. 2d 1376· M.D. Fla.· 2004-07-09 ·cited 1×
  The court held that the plan administrator's decision to deny long-term disability benefits was not wrong, and therefore summary judgment for the defendant was granted.
• Freling v. Reliance Standard Life Ins.
  315 F. Supp. 2d 1277· S.D. Fla.· 2004-02-24 ·cited 1×
  The court held that the insurer's interpretation of 'regular occupation' was not reasonable because it failed to consider the specific nature of the insured's actual occupation as practiced, instead relying solely on broad Dictionary of Occupational Titles definitions.
• Lake v. Hartford Life & Accident Ins.
  320 F. Supp. 2d 1240· M.D. Fla.· 2004-01-13 ·cited 1×
  The court held that the insurer's denial of long-term disability benefits was not "wrong" under the heightened arbitrary and capricious standard, as the plaintiff's functional capacity evaluation indicated she could perform sedentary work.
• Pledge Davis v. State
  837 So. 2d 476· Fla. 3d DCA· 2002-12-26 ·cited 1×
  Automatic reversal is not warranted solely because a trial court failed to inquire into a potential conflict of interest involving defense counsel; the defendant must demonstrate that the conflict actually affected counsel's performance.
• Massey v. David
  831 So. 2d 226· Fla. 1st DCA· 2002-10-30 ·cited 1×
  Gary Massey sued Calvin David and others for legal malpractice and related claims arising from their representation in a toxic tort lawsuit. The trial court granted David's motion for summary judgment based on res judicata and collateral estoppel, finding that the issues had alre
• The Travelers INS. Co. v. Burger King Corp.
  791 So. 2d 1171· Fla. 3d DCA· 2001-07-25 ·cited 1×
  Travelers Insurance petitioned for certiorari to overturn a trial court's denial of its motion to disqualify Burger King's attorney Edward Levine, who allegedly represented both parties in underlying workers' compensation claims while now representing Burger King against Traveler
• Moore v. State
  787 So. 2d 205· Fla. 4th DCA· 2001-05-16 ·cited 1×
  Christopher Moore appeals his conviction for aggravated assault with a firearm, challenging the trial court's denial of the public defender's motion to withdraw based on a conflict of interest. The court reversed and remanded for a new trial, finding that the public defender's of
• Amedex Ins. Co. v. Violeta Sobrado Rothe
  794 So. 2d 630· Fla. 3d DCA· 2001-03-14 ·cited 1×
  The court affirmed certification of a class action by Costa Rica residents alleging breach of identical insurance contract provisions regarding policy non-renewal, rejecting arguments of conflicting interests and improper certification under Florida Rule of Civil Procedure 1.220(
• James v. State
  773 So. 2d 659· Fla. 1st DCA· 2000-12-22 ·cited 1×
• United States v. Pegg
  49 F. Supp. 2d 1322· M.D. Fla.· 1999-04-28 ·cited 1×
  The court held that the defendant's counsel did not operate under an actual conflict of interest that adversely affected his performance, and therefore, the defendant's motion to vacate his sentence is denied.
• Keepsake, Inc. v. P.S.I. Indus., Inc.
  33 F. Supp. 2d 1033· M.D. Fla.· 1999-01-29 ·cited 1×
  The court held that the law firm's prior joint representation of both parties in substantially related matters created a conflict of interest, warranting disqualification.
• LEE v. Gadasa Corp.
  714 So. 2d 610· Fla. 1st DCA· 1998-07-20 ·cited 1×
  The First District Court of Appeal reversed a trial court order disqualifying attorney Bill Corbin, holding that respondent had waived its right to challenge the attorney-client fee arrangement through a junior mortgage by delaying its motion for ten years despite actual knowledg
• Billings, Cunningham, Morgan & Boatwright, P.A. v. Isom
  701 So. 2d 1271· Fla. 5th DCA· 1997-12-12 ·cited 1×
  A law firm sought to withdraw as counsel for an injured plaintiff, claiming a conflict of interest arose when the client alleged the firm's former associate had misadvised him regarding a settlement agreement. The trial court denied the withdrawal motion, and the appellate court
• United States v. Hanania
  128 F. Supp. 473· M.D. Fla.· 1997-01-29 ·cited 1×
  A defendant's knowing, voluntary, and intelligent waiver of the right to conflict-free counsel can be accepted by the court, even if potential conflicts exist, provided disqualification is not required to uphold the integrity of the proceedings.
• Cagle v. Bruner
  921 F. Supp. 726· M.D. Fla.· 1995-11-17 ·cited 1×
  The court held that the Trust Agreement and Rules and Regulations grant the Trustees discretionary authority, thus an arbitrary and capricious standard of review applies to their decisions. Healthcare providers have standing to sue under ERISA as assignees.
• In re Florida Rules of Judicial Administration-Court Reporting
  650 So. 2d 38· Fla.· 1995-02-23 ·cited 1×
  The Florida Supreme Court adopted emergency amendments to Rule 2.070 of the Florida Rules of Judicial Administration to address conflicts of interest and legal compliance issues in the state's court reporting system. The amendments require each judicial circuit to develop a compr
• Contant v. Kawasaki Motors Corp. USA, Inc.
  1993 WL 274330· M.D. Fla.· 1993-07-13 ·cited 1×
  The court held that an attorney's prior representation of a defendant in substantially related product liability matters, where confidential information was accessed, warrants disqualification from representing a plaintiff in a subsequent, substantially related case.
• SLC Ltd. V v. Bradford Grp. W., Inc.
  999 F.2d 464· 10th Cir.· 1993-07-12 ·cited 1×
  The court held that while an individual attorney may be disqualified due to a conflict of interest, that disqualification is not automatically imputed to their entire firm if the attorney did not acquire material confidential information relevant to the new representation.
• Harrison v. Fisons Corp.
  819 F. Supp. 1039· M.D. Fla.· 1993-04-14 ·cited 1×
  A law firm cannot represent clients whose interests are directly adverse, even if the matters are unrelated, without informed consent from both clients.
• United States v. Martin
  965 F.2d 839· 10th Cir.· 1992-05-26 ·cited 1×
  The court held that the defendant was denied effective assistance of counsel due to an actual conflict of interest arising from his attorney's dual representation of co-defendants, and that his waiver of this right was ineffective due to the court's inadequate advisement.
• The Kan. Bankers Sur. Co. v. Lynass
  920 F.2d 546· 8th Cir.· 1990-12-05 ·cited 1×
  An insurer cannot insist on controlling the defense of its insured after issuing a reservation of rights without the insured's consent, as this constitutes bad faith.
• Fireman's Fund Ins. Co. v. Waste Mgmt. OF Wis., Inc.
  777 F.2d 366· 7th Cir.· 1985-11-18 ·cited 1×
  An insurer's reservation of rights creates a conflict of interest obligating the insurer to pay for counsel selected by the insured, especially when the insurer delays objecting to the insured's chosen counsel.
• Gomez v. Hawkins Concrete Constr. Co.
  623 F. Supp. 194· N.D. Fla.· 1985-09-11 ·cited 1×
  An attorney who undertakes to represent a client in a transaction, even if not formally retained for that specific matter, owes a fiduciary duty and a duty of care, and can be held liable for negligence and breach of fiduciary duty for failing to disclose material information and
• THE Florida BAR v. Davis
  474 So. 2d 1165· Fla.· 1985-08-15 ·cited 1×
  The Florida Bar disciplined attorney James N. Davis for serious ethical violations involving misappropriation of client trust funds, improper maintenance of trust accounts, unsuitable business transactions with clients without proper disclosure, and neglect of client matters. The
• Hicks v. State
  468 So. 2d 1045· Fla. 3d DCA· 1985-05-07 ·cited 1×
  The court held that an attorney's disqualification is not warranted when the alleged impropriety is unrelated to the current representation and does not create a likelihood of public suspicion that outweighs the social interest in continued representation.
• Meagher v. State
  424 So. 2d 872· Fla. 4th DCA· 1982-12-15 ·cited 1×
  William Meagher appeals his conviction for aggravated battery, seeking to withdraw his nolo contendere plea. The court reverses and remands, finding that the trial judge committed prejudicial error by allowing Meagher to enter his plea while leading him to believe a conflict-of-i
• THE Florida BAR v. Montgomery
  418 So. 2d 267· Fla.· 1982-07-29 ·cited 1×
  Justin C. Montgomery was suspended from the practice of law for two years for violations of trust account and conflict of interest rules, with reinstatement conditioned on alcohol rehabilitation and trust account compliance.
• Norton v. Tallahassee Mem'l Hosp.
  511 F. Supp. 777· N.D. Fla.· 1981-04-22 ·cited 1×
  An attorney who is also a City Commissioner must be disqualified from representing plaintiffs in a racial discrimination case against a hospital that is leased by the City and whose lease agreement grants the City significant control and inspection powers, due to the appearance o
• Alphonso Williams v. State
  296 So. 2d 578· Fla. 1st DCA· 1974-06-27 ·cited 1×
  Alphonso Williams appealed the trial court's denial of his motion to vacate judgment and sentence under Florida Rule of Criminal Procedure 3.850, raising five grounds for post-conviction relief. The appellate court affirmed the denial, finding each claim either procedurally defic
• Simmons v. Louie L. Wainwright
  237 So. 2d 5· Fla. 1st DCA· 1970-04-16 ·cited 1×
  Willie Simmons petitioned for habeas corpus challenging his forgery conviction, claiming denial of adequate counsel because the trial court refused to appoint an attorney outside the public defender's office. The Florida appellate court denied the petition, holding that while ind
• Mesch v. United States
  407 F.2d 1290· 10th Cir.· 1969-03-08 ·cited 1×
  The court held that the appellant failed to demonstrate prejudice from joint representation by his trial counsel, despite the absence of a pretrial inquiry into potential conflicts of interest.
• Gold v. Cambridge Diagnostic Prods., Inc.
  Fla. 4th DCA· 2026-07-29
  A motion to disqualify an attorney must be made with reasonable promptness after discovery of the facts giving rise to the conflict, and here the conflict arose only when the attorney began representing both the corporation and the majority shareholders in a derivative action.
• Avesta Cmtys., LLC v. Fred
  Fla. 2d DCA· 2026-03-25
  The appellate court reversed a lower court's denial of a motion to disqualify counsel. The lower court erred by prohibiting a key witness's testimony at an evidentiary hearing, which was crucial for determining if the opposing counsel had acquired confidential information from a
• Ash v. Hyman Ash
  Fla. 3d DCA· 2026-03-18
  Patricia Ash, successor guardian and mother of a deceased ward, appealed orders denying her standing to participate in guardianship winding-up proceedings and object to the guardian's discharge. The Third District Court of Appeal reversed, holding that Patricia had standing based
• Rutledge
  Del.· 2026-02-27
  The Delaware Supreme Court upheld the constitutionality of Senate Bill 21 (SB 21), which amended the Delaware General Corporation Law to establish safe harbor procedures for controlling stockholder transactions. The Court rejected arguments that the amendments violated Article IV
• In re Engagesmart
  Del. Ch.· 2026-02-27
  In this Delaware stockholder class action, the court rejected defendants' invocation of the MFW framework protecting a controlling shareholder sale from entire fairness review, finding that material disclosure violations made the stockholder vote not fully informed. The court als
• Deel, Inc. v. C.A. NO. N25C-04-239 DJB People Ctr., Inc.
  Del. Super. Ct.· 2026-02-05
  Deel sought to disqualify Quinn Emanuel from representing Rippling in a trade secret litigation, alleging that Quinn received confidential information during a prior consultation. The Delaware Superior Court denied the motion, finding that Quinn satisfied Rule 1.18's exceptions t
• Cherricks v. State of Del.
  Del.· 2026-01-27
  Roberto Cherricks appeals a Superior Court sentencing order for violation of probation (VOP). The Delaware Supreme Court affirmed the sentence, holding that Cherricks admitted to the probation violations and the imposed sentence was within statutory limits and not based on improp
• Hans J. Mende
  Del.· 2026-01-15
  Hans Mende, a 50% owner and director of AMCI Group, LLC, sought interlocutory appeal of a Court of Chancery order requiring company counsel to maintain neutrality in a books and records action brought by his co-owner Fritz Kundrun. The Delaware Supreme Court refused the interlocu
• Bandera Master Fund LP
  Del.· 2025-12-10
  The Delaware Supreme Court reversed in part and affirmed in part the Court of Chancery's judgment. The Court held that the Court of Chancery misapprehended the scope of a prior appellate decision, leading it to err in dismissing remaining claims. Specifically, the Court found tha
• Allston v. DeSantis
  M.D. Fla.· 2025-12-04
  The court adopted the Magistrate Judge's Report and Recommendation, dismissing the Second Amended Complaint as a shotgun pleading and granting Plaintiff a final opportunity to amend, while also denying various motions as moot.
• Miller v. Am. United Life Ins. Co.
  388 F. Supp. 2d 1342· M.D. Fla.· 2025-11-24
  The court granted the plaintiff's request for limited discovery to support her claim that the denial of benefits was arbitrary and capricious or tainted by self-interest.
• The Florida Bar v. Klayman
  Fla.· 2025-11-06
  The Florida Supreme Court upheld disciplinary sanctions against attorney Larry Elliot Klayman in a reciprocal discipline proceeding based on his prior suspensions in the District of Columbia. Klayman was suspended for two years from practicing law in Florida and ordered to pay th
• Takefman v. The Pickleball Club LLC
  Fla. 3d DCA· 2025-10-22
  A party without an attorney-client relationship with opposing counsel generally lacks standing to seek disqualification unless the conflict clearly calls into question the fair or efficient administration of justice, and speculative allegations of conflict of interest are insuffi
• Hanney v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2025-09-25
  Christopher Hanney filed a federal habeas corpus petition challenging his state convictions for attempted murder, arson, and aggravated battery, stemming from an attack on his ex-wife during a contested divorce. The court denied his petition, finding that several ineffective assi
• The Florida Bar v. Marriaga
  Fla.· 2025-09-18
  The Florida Supreme Court affirmed a referee's finding that attorney Alejandro L. Marriaga engaged in professional misconduct by misappropriating escrow funds, concealing material conflicts of interest, and failing to provide required disclosures in real estate closing transactio
• Dorsey v. Jones
  Del. Ch.· 2025-09-08
  The Court of Chancery denied Robert Jones's eight pending motions. The court held that a shareholder's grant of a proxy does not divest them of standing to bring derivative claims, that the doctrine of unclean hands is generally not a basis for dismissal at the pleading stage, an
• Taylor v. Sec'y, Dep't of Corr. (Sarasota County)
  M.D. Fla.· 2025-08-21
  The court held that the petitioner failed to demonstrate that the state court's denial of his ineffective assistance of counsel claims was contrary to or an unreasonable application of federal law.