Conflict Of Interest

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

• In & for New Castle Cnty.
  Del. Super. Ct.· 2011-02-25
  The court denied the defendant's motion for postconviction relief, finding that his claims of ineffective assistance of counsel, both at trial and on appeal, failed to meet the standards set forth in Strickland v. Washington. The court determined that the defendant did not demons
• Nebesny-Fender v. Am. Airlines, Inc.
  818 F. Supp. 2d 1319· S.D. Fla.· 2011-01-11
  The court held that the administrator's decision denying re-enrollment was wrong under a de novo standard because the employer failed to provide adequate notice of plan modifications.
• Jordan v. Town of Milton
  Del. Super. Ct.· 2010-11-23
  The Town of Milton did not exceed its jurisdiction, commit an error of law, or proceed irregularly when it terminated Sherry Jordan's employment for theft of Staples Rewards. The court affirmed the Hearing Officer's decision, finding that the evidence supported the termination fo
• Chamberlain v. State
  44 So. 3d 138· Fla. 4th DCA· 2010-07-28
  John Jacob Chamberlain appeals the trial court's summary denial of his amended post-conviction relief motion under Florida Rules of Criminal Procedure 3.850 and 3.851. The appellate court affirmed the trial court's summary denials, finding that the defendant was not entitled to a
• Morgan v. C.A. No. 5053-VCS H. Barry Cash
  Del. Ch.· 2010-07-16
  The court granted EMC Corporation's motion to dismiss the aiding and abetting claim, finding that the plaintiff failed to allege facts sufficient to infer that EMC knowingly participated in the Voyence board's alleged breach of fiduciary duties. The court held that EMC's arm's-le
• Hunley v. Hartford Life & Accident Ins. Co.
  712 F. Supp. 2d 1271· M.D. Fla.· 2010-04-26
  Deborah Hunley sought long-term disability (LTD) benefits under an ERISA employee benefit plan administered by Hartford Life and Accident Insurance Company, claiming she was disabled due to lumbar degenerative disc disease and osteoarthritis. Hartford denied her benefits after Ap
• Geiger v. Spurlock
  30 So. 3d 704· Fla. 5th DCA· 2010-03-26
• PMG Collins, LLC v. R & G Enters., LLC
  30 So. 3d 605· Fla. 3d DCA· 2010-03-10
  The court quashed an order disqualifying defendant's counsel because the law firm previously represented only a principal of plaintiff LLC, not the LLC itself, and thus no attorney-client relationship existed between counsel and the plaintiff to create a conflict of interest.
• Kelvis Bellamy v. State
  24 So. 3d 629· Fla. 5th DCA· 2009-12-04
  Kelvis Bellamy appeals his conviction following a no contest plea to aggravated battery with a deadly weapon, arguing the trial court failed to conduct a Nelson inquiry regarding his dissatisfaction with defense counsel. The appellate court affirms, finding that Bellamy's single
• Martin v. State
  16 So. 3d 1056· Fla. 1st DCA· 2009-09-14
• Wells v. Unemployment Appeals Comm'n
  17 So. 3d 336· Fla. 5th DCA· 2009-07-17
  Wells, a leased employee, was discharged from his sales manager position after proposing to start a competing subcontracting business while still employed. The Unemployment Appeals Commission affirmed the denial of unemployment benefits, finding the discharge was based on miscond
• Hert v. Prudential Ins. Co. of Am.
  650 F. Supp. 2d 1180· M.D. Fla.· 2009-04-28
  The court held that the plan administrator's decision to terminate long-term disability benefits was not arbitrary and capricious, as the aggregate evidence did not support a rational determination that the administrator acted wrongly.
• Aberdeen Prop. Owners Ass'n, Inc. v. Bristol Lakes Homeowners Ass'n, Inc.
  8 So. 3d 469· Fla. 4th DCA· 2009-04-22
  The Fourth District Court of Appeal granted a writ of prohibition against a trial judge in a homeowners association dispute after finding that the defendant established a well-grounded fear that the judge had actual bias. The judge's personal involvement in a factually similar di
• Metcap Sec. LLC
  Del. Ch.· 2009-02-27
  The Court granted summary judgment for the defendants, finding that the plaintiff's claim for reformation of contract failed because the attorney who agreed to the amendment had the authority to bind the plaintiff, and his alleged conflict of interest was insufficient to preclude
• Gantler
  Del.· 2009-01-27
  The Delaware Supreme Court reversed the Court of Chancery's dismissal of the shareholders' complaint, holding that the complaint sufficiently alleged breaches of fiduciary duty and disclosure violations. The court found that the allegations of disloyalty by a majority of the dire
• Scippio v. Fla. Combined Life Ins.
  585 F. Supp. 2d 1317· N.D. Fla.· 2008-11-06
  The court granted Scippio's motion for summary judgment and denied FCL's, finding that FCL's denial of long-term disability benefits was wrongful.
• Miller v. Prudential Ins. Co. of Am.
  625 F. Supp. 2d 1256· S.D. Fla.· 2008-10-09
  The court held that Prudential did not abuse its discretion in terminating long-term disability benefits under the 24-month mental illness limitation because the claimant failed to provide substantial objective evidence that her depression was entirely organically based or that h
• Miller v. Liberty Life Assur. Co. of Boston
  622 F. Supp. 2d 1284· M.D. Fla.· 2008-10-08
  The court held that Liberty Life's decisions to treat the plaintiff's injuries as separate and to terminate his LTD benefits were not demonstrably wrong and were reasonable under the arbitrary and capricious standard of review.
• Scott v. State
  991 So. 2d 971· Fla. 1st DCA· 2008-09-22
  Scott was convicted of drug crimes after being represented by a public defender's office that simultaneously represented the confidential informant who conducted the controlled buy used as evidence against him. The trial court denied the public defender's motion to withdraw based
• Troy Corp.
  Del. Ch.· 2008-07-18
  The court held that collateral estoppel applies to prevent the plaintiff from relitigating factual issues previously adjudicated in a prior proceeding, even if that proceeding was summary in nature. The court found that the plaintiff had a full and fair opportunity to litigate th
• Wagner, Vaughn, McLAUGHLIN & Brennan, P.A. v. Kennedy LAW Grp.
  987 So. 2d 741· Fla. 2d DCA· 2008-07-09
  Wagner firm appealed the probate court's award of the entire contingency attorney's fee from a $1.23 million UM insurance settlement to Kennedy Law Group (KLG), which represented the personal representative. The Second District affirmed, holding that Wagner firm was not entitled
• Waldrep v. Waldrep
  985 So. 2d 700· Fla. 4th DCA· 2008-07-09
  The Fourth District Court of Appeal quashed an order disqualifying defense counsel for alleged conflict of interest. The court held that although an attorney-client relationship existed between the former attorney and the plaintiff, the plaintiff failed to show that the current l
• In re Amendments to the Code of Judicial Conduct-Limitations on Judges' Participation in Fundraising Activities
  983 So. 2d 550· Fla.· 2008-05-22
  The Florida Supreme Court amended Canons 4 and 5 of the Florida Code of Judicial Conduct to permit judges to participate in certain law-related fundraising activities while maintaining prohibitions on direct solicitation. The amendments balance encouraging judicial participation
• United States v. Fleming
  554 F. Supp. 2d 1286· N.D. Fla.· 2008-04-26
  A defendant's mere dissatisfaction with court-appointed counsel, without more, does not establish an actual conflict of interest or entitle them to new counsel.
• In re the
  Del.· 2008-03-27
  The Court affirmed the Court of Chancery's order approving the settlement of the shareholder class action. The Court found no legal error or abuse of discretion in the approval of the settlement, the definition of the settlement class, or the bifurcation of the settlement approva
• Creel v. Wachovia Corp.
  543 F. Supp. 2d 1298· M.D. Fla.· 2008-02-25
  The court held that the defendant's decision to terminate long-term disability benefits was not demonstrably wrong under the plan's terms, even if potentially unfair, because the plaintiff failed to provide sufficient objective medical evidence of a disabling physical condition a
• Borschel v. Cont'l Cas. Co.
  536 F. Supp. 2d 1294· S.D. Fla.· 2008-02-13
  The court held that the plaintiff's claim for long-term disability benefits was untimely and that she failed to rebut the presumption of prejudice, thus the denial of benefits was not 'de novo wrong' under ERISA.
• Berg v. Capo
  994 So. 2d 322· Fla. 3d DCA· 2007-11-14
  The court held that a mutual release within a stock purchase agreement bars all claims arising from the transaction, including those based on alleged attorney conflicts of interest not raised in the original complaint.
• Sanzone v. Hartford Life & Accident Ins.
  519 F. Supp. 2d 1250· S.D. Fla.· 2007-10-16
  The court granted reconsideration, finding that the heightened arbitrary and capricious standard applies, which limits review to the administrative record, and therefore denied the plaintiff's motion to supplement the record with a physician's affidavit.
• IN & FOR NEW Castle Cnty. James Forsythe & Alan Tesche v. C.A. No. 1091-VCL ESC Fund Mgmt. Co. (U.S., Inc.
  Del. Ch.· 2007-10-09
  The court held that the partnership agreement, not common law, provided the relevant standard of care for the general partner's oversight duty. Because the general partner delegated nearly all managerial responsibilities to conflicted entities, its residual duty of oversight requ
• IN & FOR NEW Castle Cnty. Home Paramount Pest Control Civil Action No. Emp'r Below v. State of Del.
  Del. Super. Ct.· 2007-05-24
  The court affirmed a jury verdict for former employees who sued their employer for sexual harassment and a hostile work environment, finding that a 'send a message' closing argument was permissible because punitive damages were at issue, and that the employer's argument regarding
• Manning v. Johnson & Johnson Pension Comm.
  504 F. Supp. 2d 1293· M.D. Fla.· 2007-05-16
  The court found that the Pension Committee's denial of long-term disability benefits was not arbitrary and capricious, as there was a reasonable basis in the administrative record for the decision, despite some conflicting medical opinions.
• Altomare v. Addison Gallery
  15th Cir. Ct. App. Div.· 2007-03-09
  The Fifteenth Judicial Circuit Court's Appellate Division reversed a trial court's order disqualifying counsel for the Altomares based on alleged conflicts of interest arising from counsel's simultaneous representation of an art consignor. The court found the trial court applied
• Lyncker v. Johnson & Johnson Pension Comm.
  505 F. Supp. 2d 1303· M.D. Fla.· 2006-10-23
  The court held that the denial of long-term disability benefits based on the plaintiff's asthmatic and pulmonary conditions was arbitrary and capricious, as the administrator failed to accurately represent the treating physician's opinion and did not conduct further review.
• Toriano Roberts v. State
  937 So. 2d 1238· Fla. 4th DCA· 2006-09-27
• Morse LLC v. Beckman Coulter, Inc.
  455 F. Supp. 2d 1339· S.D. Fla.· 2006-09-25
  The court held that the denial of benefits for experimental treatment was not arbitrary and capricious, and therefore summary judgment for the defendant was granted.
• McFADDEN v. Alliance Med. Practices, Inc.
  931 So. 2d 225· Fla. 1st DCA· 2006-06-14
  The appellate court reversed the trial court's summary enforcement of a settlement agreement and dismissal with prejudice, holding that a material dispute existed regarding the appellant's attorney's authority to settle, requiring an evidentiary hearing and conflict-free counsel
• Brigham v. Brigham
  934 So. 2d 544· Fla. 3d DCA· 2006-05-31
  Trustees Dana and Patricia Brigham appealed an order prohibiting them from paying their personal attorneys' fees out of trust funds and requiring repayment of fees already paid. The court affirmed, holding that when trustees defend against claims brought against them in both indi
• In & for New Castle Cnty. Richard S. Gesoff v. C.A. No. 19473 IIC Indus. Inc.
  Del. Ch.· 2006-05-18
  The court found that a parent company's long-form merger with its subsidiary was not entirely fair because the process involved unfair dealing and resulted in an unfair price. The court rejected the defendants' argument that the September 11th attacks justified the merger price,
• In & for New Castle Cnty. Dhruv Khanna
  Del. Ch.· 2006-05-09
  The Court dismissed most derivative claims for failure to make demand or demonstrate demand futility, finding that plaintiffs did not plead particularized facts showing director disinterest or lack of independence. However, demand was excused for the BlueStar acquisition claims,
• Buonincontri v. Liberty Life Assur. Co. of Boston
  424 F. Supp. 2d 1302· M.D. Fla.· 2006-03-10
  The court granted summary judgment for the defendant, finding the plaintiff's disability predated her long-term disability coverage and was a pre-existing condition.
• IN & FOR NEW Castle Cnty. IN RE LNR Prop. Corp. Consol. S'holders Litig. C.A. No. 674-N
  Del. Ch.· 2005-11-04
  The court denied the motion to dismiss filed by the individual defendants, finding that the complaint adequately alleged facts that, if true, could support a reasonable inference that the controlling shareholder had a disabling conflict of interest, thus potentially subjecting th
• Calmbacher v. Prudential Ins. Co. of Am.
  392 F. Supp. 2d 1364· M.D. Fla.· 2005-10-17
  The court held that the insurance policy did not grant Prudential express discretionary authority, thus requiring a de novo review of the denial of benefits.
• Featherston v. Metro. Life Ins.
  389 F. Supp. 2d 1302· N.D. Fla.· 2005-09-20
  The court held that the defendant insurance company's motion for summary judgment should be granted because the plaintiff failed to present sufficient evidence that she was disabled from all occupations under the terms of the ERISA plan.
• Williams v. Bd. of Trs. of the Int'l Longshoremen's Ass'n
  388 F. Supp. 2d 1353· S.D. Fla.· 2005-09-15
  The court held that the former wife was not entitled to the single death benefit because the plan language unambiguously excluded former spouses covered by a QDRO, and she failed to show detrimental reliance on any alleged misinterpretations.
• Blankenship v. SMITHkLINE Beecham Corp.
  395 F. Supp. 2d 1162· S.D. Fla.· 2005-09-06
  The court held that the defendant's motion for summary judgment is granted because the administrator's decision to terminate benefits was not arbitrary and capricious, even under a heightened standard, given the independent medical examination.
• Pinckney v. Crosby
  386 F. Supp. 2d 1231· M.D. Fla.· 2005-09-06
  The court found that the state court's adjudication of the ineffective assistance of counsel claim was not contrary to federal law, an unreasonable application of federal law, or based on an unreasonable determination of facts.
• Normil v. Colonial Life & Accident Ins.
  403 F. Supp. 2d 1159· S.D. Fla.· 2005-08-15
  The court held that the denial of benefits was not arbitrary and capricious because the insurer reasonably relied on information from the employer that the insured had terminated employment, and the insured's contrary claims were not part of the administrative record.
• IN & FOR NEW Castle Cnty. IN RE THE Walt Disney Co. Consol. Derivative Litig. C.A. No. 15452
  Del. Ch.· 2005-08-09
  The Court of Chancery held that the director defendants did not breach their fiduciary duties or commit waste in connection with the hiring and termination of Michael Ovitz. The Court found that the directors acted in good faith and exercised their business judgment, even if thei
• IN & FOR NEW Castle Cnty. IN RE Freeport-McMoran Consol. Sulphur
  Del. Ch.· 2005-06-30
  The court denied the defendants' motion for summary judgment, finding that genuine issues of material fact exist regarding the independence and disinterestedness of several directors and the Special Committee. These issues preclude summary judgment and require a trial to determin