Conflict Of Interest

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

• Alyaqout v. Marriott Vacations Worldwide Corp.
  S.D. Fla.· 2025-08-13
  The court held that the plaintiffs failed to demonstrate a conflict of interest or standing to disqualify the defendants' counsel, denying the motion.
• Arthur J. Gallagher & Co. v. Agiato
  Del. Ch.· 2025-07-31
  The court held that the seller is entitled to the Year 1 earnout payment because the Net Commissions and Fee Income (NCFI) threshold was met, and the buyer's arguments for withholding the payment based on post-closing operational obligations, the employment agreement, or breaches
• Of
  Del. Ch.· 2025-07-22
  The Court of Chancery appointed Abrams & Bayliss LLP (A&B) as sole lead counsel, with Reid Collins & Tsai LLP (RCT) as additional counsel, in a consolidated appraisal action. The court found that A&B represented a significantly larger economic stake and possessed a more equitable
• Bates v. Sec'y, Dep't of Corr. (Manatee County)
  M.D. Fla.· 2025-07-22
  The court denied the petition for a writ of habeas corpus, finding that the state court's decisions were not contrary to or an unreasonable application of federal law.
• Jackson v. Dixon
  M.D. Fla.· 2025-07-16
  The court held that a prisoner cannot use Federal Rule of Civil Procedure 60(d) to relitigate issues already decided or that could have been raised in a prior habeas corpus proceeding, especially when there has been significant delay.
• Bruce v. U.S. Bank Nat'l Ass'n
  122 F. Supp. 2d 1352· M.D. Fla.· 2025-05-21
  The court held that plaintiffs failed to establish a compelling reason or ethical violation to disqualify opposing counsel.
• Freites C v. Medina
  S.D. Fla.· 2025-05-12
  The court recommended denying the motion to disqualify counsel, finding that the plaintiffs lacked standing and had not demonstrated a violation of the Florida Rules of Professional Conduct.
• Hans-Atchison v. Highmark Inc.
  M.D. Fla.· 2025-04-03
  The court held that limited discovery is permissible in an ERISA benefits denial case to ascertain the completeness of the administrative record and the basis for the administrator's decisions, but supplementation of the record with post-decision documents is denied.
• Pankey v. Aetna Life Ins. Co.
  M.D. Fla.· 2025-03-28
  The court held that the defendant's interpretation of the plan, allowing termination of benefits for insufficient proof of disability, was reasonable and entitled to deference, thus not arbitrary or capricious.
• Council v. Merrill Lynch
  M.D. Fla.· 2024-12-30
  The court requires additional briefing on several issues before ruling on the preliminary approval of a class action settlement and attorney fees.
• Roche v. Larc, Inc.
  M.D. Fla.· 2024-12-18
  The court held that the plaintiff must either pay the required filing fee or file a motion to proceed in forma pauperis with supporting affidavits.
• Rodriguez v. GEICO Gen. Ins. Co.
  M.D. Fla.· 2024-10-24
  The court recommended granting the unopposed motion to approve a settlement agreement for minors, finding it to be in their best interest.
• Eggleston v. Unum Life Ins. Co. of Am.
  S.D. Fla.· 2024-10-21
  The court held that the insurer's denial of long-term disability benefits was not arbitrary and capricious, as the administrative record contained reasonable grounds to support the decision.
• Landa v. Aon Corp. Excess Benefit Plan
  S.D. Fla.· 2024-09-30
  The court held that the Administrative Committee's denial of Plaintiff's excess benefit plan benefits was not arbitrary and capricious, as there was a reasonable basis in the administrative record to support the finding that Plaintiff violated the plan's forfeiture provisions.
• Kanter v. Healy
  M.D. Fla.· 2024-09-27
  The district court affirmed the bankruptcy court's approval of a settlement, finding no abuse of discretion in applying the Justice Oaks factors.
• In re Amendments to the Florida Rules for Certified and Court-Appointed Mediators
  Fla.· 2024-09-12
  The Florida Supreme Court adopted amendments to the Florida Rules for Certified and Court-Appointed Mediators, making significant changes to certification requirements, the point system for mediator qualifications, ethical standards regarding impartiality and conflicts of interes
• Myers v. George
  M.D. Fla.· 2024-09-05
  The court affirmed the bankruptcy court's orders approving attorney fees and denying disgorgement, finding no error in the application of bankruptcy code sections or administrative orders.
• Winning v. Sec'y, Dep't of Corr. (Manatee County)
  2015 WL 4651090· M.D. Fla.· 2024-08-26
  The Court sua sponte raised the issue of a potential conflict of interest for Petitioner's counsel.
• Nuvasive, Inc.
  Del. Ch.· 2024-08-16
  The Delaware Court of Chancery held that a former executive's failure to disclose a passive investment in a competitor did not constitute a breach of his fiduciary duty of loyalty. The court found that because the investment was passive, the executive gained no operational contro
• Brown v. State
  Fla. 3d DCA· 2024-08-14
  Twelve defendants sought to disqualify a trial judge whose spouse held an administrative position (Executive Director) at the State Attorney's Office prosecuting their cases. The appellate court affirmed the trial judge's denials of the disqualification motions, holding that a ju
• Flynn v. State
  Fla. 3d DCA· 2024-08-14
  Twelve defendants sought to disqualify a trial judge based on the judge's spouse working as Executive Director of the Monroe County State Attorney's Office, which was prosecuting their cases. The Florida District Court of Appeal held that absent supervisory authority over prosecu
• Leonard v. State
  Fla. 3d DCA· 2024-08-14
  Twelve defendants sought writs of prohibition to disqualify a trial judge whose spouse worked as Executive Director of the Monroe County State Attorney's Office prosecuting their cases. The court denied the petitions, holding that a judge's spouse holding a high-level administrat
• Dixon v. State
  Fla. 3d DCA· 2024-08-14
  Defendants sought to disqualify a trial judge based on his spouse's employment as Executive Director at the Monroe County State Attorney's Office. The court denied the petitions, holding that a judge's spouse holding an administrative position at the prosecuting office, without s
• Hedberg v. State
  Fla. 3d DCA· 2024-08-14
  Defendants in consolidated criminal cases sought disqualification of Judge Mark Wilson on grounds that his spouse held a senior administrative position (Executive Director) at the Monroe County State Attorney's Office prosecuting their cases. The Third District Court of Appeal up
• Laurence v. State
  Fla. 3d DCA· 2024-08-14
  Defendants sought to disqualify a trial judge based on the judge's spouse's employment as Executive Director of the Monroe County State Attorney's Office, which was prosecuting their cases. The Florida District Court of Appeal rejected the disqualification motions, holding that a
• Nexer Balladares v. State
  Fla. 3d DCA· 2024-08-14
  A Florida appellate court denied petitions for writs of prohibition seeking to disqualify a trial judge whose spouse works as Executive Director of the prosecuting State Attorney's Office. The court held that the judge's spouse's purely administrative position, without supervisor
• Maxim Barkovsky v. State
  Fla. 3d DCA· 2024-08-14
  The Florida Third District Court of Appeal denied multiple consolidated petitions seeking to disqualify a trial judge whose spouse works as Executive Director of the Monroe County State Attorney's Office prosecuting defendants' cases. The court held that a judge's spouse holding
• Arvand Lori Amini v. State
  Fla. 3d DCA· 2024-08-14
  Twelve defendants sought writs of prohibition to disqualify a trial judge whose spouse was employed as Executive Director of the Monroe County State Attorney's Office. The court held that the spouse's administrative position, which did not involve supervising prosecutors, did not
• Greacen v. Town of Redington Beach
  M.D. Fla.· 2024-08-12
  Two consolidated cases challenging a Florida beach ordinance failed when the court found that the Town of Redington Beach established, through extensive testimony and historical evidence, that residents and visitors had longstanding customary use rights to the dry sand portions o
• Tunkle, M.D. v. Voya Fin., Inc.
  M.D. Fla.· 2024-08-02
  The court held that the defendant insurance company properly denied the plaintiff's long-term disability claim because his hand tremors constituted a pre-existing condition excluded from coverage. The plaintiff failed to provide sufficient evidence that he maintained active emplo
• Budowski v. United States
  M.D. Fla.· 2024-07-29
  The court held that the defendant's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit, as they were contradicted by his sworn statements at the plea hearing and failed to meet the Strickland standard.
• Abdul v. Conner
  S.D. Fla.· 2024-06-13
  Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
• Hutchinson v. Pyros
  M.D. Fla.· 2024-06-06
  The court held that the defendants failed to meet the burden of proof for disqualifying plaintiffs' counsel under either Rule 4-1.18 or Rule 4-1.9 of the Florida Rules of Professional Conduct.
• Pitt v. Darrell
  M.D. Fla.· 2024-04-15
  The court held that the rent portion of the debt is nondischargeable as a domestic support obligation, and the bankruptcy court must reconsider whether the loan and wedding cost portions are nondischargeable under § 523(a)(15).
• Hillfiger v. Sec'y, Dep't of Corr. (Polk)
  M.D. Fla.· 2024-04-15
  The court held that the petitioner's federal habeas corpus petition was time-barred because he failed to demonstrate reasonable diligence in pursuing his rights or extraordinary circumstances that prevented timely filing.
• In re Carvana Co. Stockholders Litig. Consol. C.A. No. 2020-0415-Ksjm
  Del. Ch.· 2024-03-27
  The Delaware Court of Chancery granted the Special Litigation Committee's (SLC) motion to dismiss the derivative claims against Carvana Co.'s controlling stockholders, the Garcias. The court found that the SLC met its burden under the Zapata standard by demonstrating its independ
• Cottingim v. Reliastar Life Ins. Co.
  M.D. Fla.· 2024-03-18
  Kevin Cottingim applied for short-term and long-term disability benefits under insurance policies issued by ReliaStar Life Insurance Company, claiming he was disabled due to cognitive decline from vascular dementia, but ReliaStar denied both claims based on medical evaluations sh
• Mejia-Duarte v. United States
  S.D. Fla.· 2024-03-14
  The court adopted the Magistrate Judge's Report and Recommendation, denying the motion to vacate the conviction and sentence.
• Fishman v. Npas Solutions, LLC
  S.D. Fla.· 2024-02-20
  The court granted the motion to appoint Charles S. Fishman as class representative, finding he met the requirements for standing and adequacy.
• Tornetta
  Del. Ch.· 2024-01-30
  The Delaware Court of Chancery entered judgment for the plaintiff, finding that the massive performance-based equity compensation plan awarded to Elon Musk by Tesla, Inc. directors was subject to the entire fairness standard of review. The court held that Musk was a controlling s
• Owens v. United States
  S.D. Fla.· 2024-01-02
  The court held that the plaintiff's complaint was a shotgun pleading that failed to state a claim upon which relief could be granted and was therefore dismissed.
• Est. of Arlene Townsend v. Shumaker Loop & Kendrick, LLP
  M.D. Fla.· 2024-01-02
  The court affirmed the bankruptcy court's award of fees to Shumaker, finding no abuse of discretion in compensating Shumaker for services rendered in response to the Estates' recusal motion.
• Assad v. Roelof Botha
  Del. Ch.· 2023-10-30
  The court awarded a mootness fee of $100,000, finding that only certain disclosures regarding Goldman Sachs' compensation from Unity and ironSource were material and thus supported a meritorious claim. The court determined that most other disclosures, including those related to M
• Allen
  Del. Ch.· 2023-10-30
  The Delaware Court of Chancery held that supplemental disclosures identifying conflicts of interest held by a special committee's chair and advisors, while not extraordinary, were meaningfully beneficial and warranted a proportionate fee award. The court found the disclosures wer
• Defendants v. Tiger Resort Asia Ltd
  Del. Ch.· 2023-09-07
  The court denied the SPAC's request for specific performance to compel the target company to close a de-SPAC transaction. Despite assuming the target breached its obligations and that money damages would be inadequate, the court found specific performance unavailable due to sever
• Mut. of Omaha Mortg., Inc. v. WaterStone Mortg. Corp.
  M.D. Fla.· 2023-08-08
  The court held that a party may not instruct a deponent not to answer based solely on relevance or a perceived conflict of interest, absent specific exceptions like privilege or court order.
• Est. of Arlene Townsend v. Shumaker Loop & Kendrick, LLP
  M.D. Fla.· 2023-08-08
  The court held that a stay of proceedings is appropriate pending resolution of a related appeal before the Eleventh Circuit, as that appeal's outcome could control the current case.
• Rogers v. United States
  M.D. Fla.· 2023-08-02
  A defendant's claim of ineffective assistance of counsel based on alleged misadvice regarding sentencing is not grounds to vacate a guilty plea if the plea colloquy clarified the potential sentence and the defendant affirmed understanding.
• C.H. v. Dep't of Child. & Families
  Fla. 3d DCA· 2023-07-26
  A claim of ineffective assistance of counsel in a termination of parental rights proceeding cannot be raised for the first time on appeal unless the deficiency is apparent on the face of the record and the representation so prejudiced the outcome that parental rights would not ha
• Smith v. Slott
  S.D. Fla.· 2023-07-20
  A bankruptcy estate's chapter 7 trustee and a creditor settled their dispute over a commercial property through a settlement agreement that included cash bond repayment, joint sale of their respective property interests, and mutual releases, and the district court affirmed the ba