Conflict Of Interest

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

• Porter v. Smithkline Beecham Corp.
  373 F. Supp. 2d 1306· M.D. Fla.· 2005-05-31
  The court held that the defendant's interpretation of the plan granting it authority to request an independent medical examination during the appeals process was reasonable, and the plaintiff's refusal to submit to such an examination justified the termination of her long-term di
• IN & FOR NEW Castle Cnty. IN RE Prime Hospitality
  Del. Ch.· 2005-05-04
  The Court declined to approve the proposed settlement because the record was insufficiently developed to determine the fairness of the transaction and the adequacy of the consideration offered. Significant questions remained regarding the board's diligence, potential conflicts of
• Corkill v. Hartford Life & Accident Ins.
  435 F. Supp. 2d 1192· N.D. Fla.· 2005-04-28
  The court held that the defendant's denial of disability benefits was not wrong, as the plaintiff failed to provide satisfactory proof of continued disability based on objective evidence.
• Baker v. Hartford Life & Accident Ins. Co.
  371 F. Supp. 2d 1352· M.D. Fla.· 2005-04-21
  The court held that the plan administrator's denial of long-term disability benefits was not wrong, as it was based on a reasonable interpretation of the plan and the evidence presented.
• Badger v. State
  898 So. 2d 1199· Fla. 5th DCA· 2005-04-08
  The court held that a claim of conflict of interest based on the public defender's prior representation of the victim requires either an evidentiary hearing or attachment of record support for summary denial.
• Hallford v. Metro. Life Ins.
  367 F. Supp. 2d 1353· N.D. Fla.· 2005-03-11
  The court held that the plan administrator's denial of long-term disability benefits was not arbitrary and capricious, as it was based on substantial evidence and a reasonable interpretation of the plan's terms.
• Rosser-Monahan v. Avon Prods., Inc.
  143 F. Supp. 492· M.D. Fla.· 2004-11-18
  The court held that discovery in ERISA cases applying the arbitrary and capricious standard should not be limited solely to the administrative record, but can include other facts known to the administrator.
• IN & FOR NEW Castle Cnty. Robert I. Unanue v. Civil Action No. 204-N Joseph A. Unanue & Andrew Unanue
  Del. Ch.· 2004-11-03
  The Court held that the removal of Joseph Unanue as a director and chairman of Goya Foods, Inc. by stockholder written consent was valid. The Court found that the Consenting Stockholders were adequately informed and that the alleged nondisclosures were not material to their decis
• Sejdic v. Grp. Long-Term Disability Plan for Emps. of Homeside Lending, Inc.
  348 F. Supp. 2d 1313· M.D. Fla.· 2004-10-29
  The court held that the plan administrator's denial of long-term disability benefits was not legally wrong, and therefore, summary judgment for the defendant was appropriate.
• IN & FOR NEW Castle Cnty. Edward T. McGOWAN v. Civil Action No. 18672 Peter A. Ferro, JR.
  Del. Ch.· 2004-10-08
  The court granted summary judgment for the director defendants on most of McGowan's claims, including breach of fiduciary duty, bad faith, breach of the stockholders' agreement, conversion, and aiding and abetting claims related to the merger extension and the formation of Empres
• Smith v. Reliance Standard Life Ins.
  350 F. Supp. 2d 993· S.D. Fla.· 2004-09-09
  The court held that the insurer's denial of long-term disability benefits was wrong because the plaintiff was unable to perform the material duties of his regular occupation, and the insurer's interpretation of the policy terms was unreasonable.
• Ridge v. Hartford Life & Accident Ins.
  339 F. Supp. 2d 1323· M.D. Fla.· 2004-08-12
  The court granted Plaintiff's motion for summary judgment and denied Defendant's motion, finding that the denial of long-term disability benefits was improper.
• Gunn v. State
  872 So. 2d 355· Fla. 4th DCA· 2004-04-21
  The court held that the appellant's claims based on newly discovered evidence did not warrant setting aside his conviction.
• O'Reardon v. Principal Life Ins.
  301 F. Supp. 2d 1323· M.D. Fla.· 2004-01-03
  The court held that the insurance policy's definition of 'hospital' unambiguously required the facility to be licensed as such by the state, and therefore, treatment at a facility not licensed as a hospital was not covered.
• Hicks v. Home Shopping Network, Inc.
  862 So. 2d 905· Fla. 2d DCA· 2003-12-24
• Kirk v. Metro. Life Ins.
  331 F. Supp. 2d 1361· M.D. Fla.· 2003-07-22
  The court held that the denial of disability benefits was not arbitrary and capricious because there was a rational basis for the decision, supported by objective medical evidence and conflicting physician opinions within the administrative record.
• In & for New Castle Cnty. James J. Conway, JR.
  Del. Ch.· 2003-07-16
  The court held that a dismissal with prejudice resulting from a settlement is not a "final judgment on the merits" for the purpose of mandatory indemnification under 12 C.F.R. § 545.121(c)(1). Indemnification in such cases is permissive under § 545.121(c)(2), requiring a determin
• Swan
  Del.· 2003-04-09
  The Delaware Supreme Court affirmed the conviction and death sentence of Ralph Swan. The court held that the trial judge did not abuse his discretion in denying the motion to disqualify counsel, that the admission of co-defendant's statements did not violate Swan's Sixth Amendmen
• Caption corrected 3/I 4/03
  Del. Ch.· 2003-02-13
  The court granted the motion to dismiss for lack of personal jurisdiction over the Advisory Board Defendants, finding they lacked sufficient minimum contacts with Delaware and did not transact business within the state under the long-arm statute. The court denied the motion to di
• Amendment to Rules Regulating the Florida Bar re Rules of Professional Conduct
  838 So. 2d 1140· Fla.· 2003-01-23
  The Florida Supreme Court adopted amendments to the Rules Regulating the Florida Bar, specifically amending Rule 4-1.7 (Conflict of Interest; General Rule) and Rule 4-7.10 (Firm Names and Letterhead) based on recommendations from The Florida Bar's Special Commission on Insurance
• Beach Higher Power Corp. v. Rekant
  832 So. 2d 831· Fla. 3d DCA· 2002-11-13
  Beach Higher Power Corp. appeals a summary judgment dismissing its malpractice and fraud claims against attorney Kenneth Rekant based on a two-year statute of limitations. The court reverses, holding that Rekant cannot claim the professional malpractice statute of limitations bec
• Dell v. Dell
  829 So. 2d 969· Fla. 4th DCA· 2002-10-30
• Hammett v. State
  827 So. 2d 406· Fla. 5th DCA· 2002-10-11
  Allen Hammett appeals the trial court's denial of his emergency petition for writ of habeas corpus, claiming his post-conviction counsel was ineffective for failing to raise a conflict-of-interest claim regarding his trial attorney. The court affirmed the denial, finding the issu
• Amendments TO Fla. Rule OF Crim. Procedure 3.851(h)
  828 So. 2d 999· Fla.· 2002-09-19
  The Florida Supreme Court adopted amendments to Rule of Criminal Procedure 3.851(h) governing procedures for capital post-conviction relief proceedings after a death warrant is signed. The amendments establish expedited procedures for judicial assignment, case management, hearing
• Of Chancery
  Del. Ch.· 2002-07-09
  The Court denied the motion to disqualify the law firm, finding that no attorney-client relationship was formed between the law firm and the company during a preliminary meeting. Even if confidential information was exchanged, the company failed to demonstrate prejudice to the fa
• IN & FOR NEW Castle Cnty. John G. Ballenger
  Del. Ch.· 2002-04-24
  The court denied all dispositive motions. It held that genuine issues of material fact precluded summary judgment for the plaintiffs on their earnout claims, and that Applied Digital had waived its right to arbitration due to its prior litigation conduct and the commercial imprac
• Gallegos v. State
  805 So. 2d 903· Fla. 2d DCA· 2001-10-19
  Daniel Gallegos appealed the denial of his motion for postconviction relief, claiming his trial counsel had an undisclosed conflict of interest by representing both him and the confidential informant who triggered his cocaine trafficking charges. The court affirmed the trial cour
• In re a Member
  Del.· 2001-10-09
  The Supreme Court of Delaware disbarred attorney John H. Benge, Jr. for numerous violations of the Delaware Lawyers' Rules of Professional Conduct. These violations included failing to file required estate documents, disobeying court orders, mishandling client funds and records,
• Owens v. State
  792 So. 2d 650· Fla. 4th DCA· 2001-08-29
  Ray Owens appealed his cocaine sale and possession convictions and sentences on grounds of ineffective assistance of counsel, trial court abuse of discretion in limiting cross-examination, and improper habitual offender sentencing. The Fourth District Court of Appeal reversed the
• In & for Kent Cnty.
  Del. Super. Ct.· 2001-08-17
  The Superior Court properly dismissed the defendant's motion for postconviction relief. The court found that the defendant failed to meet the procedural requirements of Superior Court Criminal Rule 61, specifically by not demonstrating cause and prejudice for claims not previousl
• In re Est. OF Edward Salomon, Jr. v. Salomon
  791 So. 2d 1150· Fla. 3d DCA· 2001-07-05
  The court reversed the trial court's determination that certain stocks belonged to the decedent's wife, finding that the stocks should have been distributed to the Credit Shelter Trust created under the decedent's will, not to the wife individually.
• Jimenez v. State
  789 So. 2d 1122· Fla. 3d DCA· 2001-06-27
  The appellate court affirmed the denial of postconviction relief, finding the trial court's conclusions were supported by evidence.
• Gavilan v. State
  765 So. 2d 308· Fla. 5th DCA· 2000-09-08
  Alex Gavilan appeals the summary denial of his Rule 3.850 post-conviction motion challenging his conviction for first-degree murder and robbery with a firearm on ineffective assistance of counsel grounds. The Florida Fifth District Court of Appeal affirms the denial, rejecting al
• Lewis
  Del.· 2000-07-28
  The Court reversed the convictions, holding that the defendant's Sixth Amendment right to effective assistance of counsel was violated due to an actual conflict of interest arising from joint representation, and no valid waiver of this right was obtained. The trial judge's failur
• Ward v. State
  753 So. 2d 705· Fla. 1st DCA· 2000-03-17
  Woodrow Ward challenged a trial court's denial of the Public Defender's Office motion to withdraw from his armed trespassing case due to conflicts of interest. The Florida appellate court granted certiorari, holding that when a conflict of interest exists affecting an entire bran
• Del. Opinion 33360
  Del. Ch.· 2000-03-14
  The court granted summary judgment for the defendants, holding that American General, as a less than majority shareholder, did not exercise actual control over Western National's business and affairs or dominate its board of directors. The court found that the Special Committee,
• Shamsah Saud v. Arzumanian
  745 So. 2d 544· Fla. 4th DCA· 1999-12-08
• Ortiz v. State
  745 So. 2d 430· Fla. 3d DCA· 1999-11-03
• Terry v. State
  731 So. 2d 711· Fla. 4th DCA· 1999-02-10
  The trial court erred by denying defense counsel’s motion to withdraw based upon a conflict of interest.
• Sheffield v. State
  725 So. 2d 1229· Fla. 4th DCA· 1999-01-20
  The court granted certiorari and quashed the trial judge's denial of the public defender's motion to withdraw, holding that section 27.53 of the Florida Statutes mandates withdrawal when a conflict of interest exists, regardless of whether the conflicted witness appears in the sp
• Shuman v. Winnick
  725 So. 2d 1199· Fla. 5th DCA· 1999-01-08
  The appellate court affirmed the trial court's amended final judgment, finding no abuse of discretion in allowing rehearing or in denying a subsequent motion for rehearing.
• Reddick v. Suntrust Bank
  718 So. 2d 950· Fla. 5th DCA· 1998-10-16
  Margaret Reddick, as plenary guardian of her incapacitated husband Albert, sought court approval to amend his revocable trust by replacing SunTrust Bank as successor trustee with herself. The trial court denied the request, finding she failed to demonstrate it was in Albert's bes
• Ross v. State
  717 So. 2d 110· Fla. 5th DCA· 1998-08-28
  Dennis Ross appealed the denial of his postconviction motion for ineffective assistance of counsel, arguing his trial counsel had a conflict of interest because counsel had previously represented the victim's mother in an unrelated contempt case. The court affirmed the trial cour
• Milane v. State
  716 So. 2d 837· Fla. 5th DCA· 1998-08-28
  Trial court did not err in denying defendant's motion to replace public defender where the Office of the Public Defender represented a material witness in another case, because the assigned attorney certified no conflict and vigorous cross-examination occurred.
• In re Amendment to Fla. Rules of Jud. Administration-Minimum Standards for Appointed Counsel in Cap. Cases
  711 So. 2d 1148· Fla.· 1998-06-12
  The court is considering proposed amendments to rules regarding minimum standards for conflict attorneys in capital cases.
• Davis v. Meeks
  709 So. 2d 184· Fla. 1st DCA· 1998-04-09
  This case addresses the procedural question of which counsel properly represents appellant Davis in an appeal from a judgment in favor of the Meeks in an automobile accident case. The court held that Davis has the right to choose her own counsel and that her expressed preference
• Rodell v. Narson
  706 So. 2d 392· Fla. 3d DCA· 1998-02-18
  The court held that attorney's fees should not have been awarded under section 57.105 because the underlying action was not frivolous or devoid of merit.
• Gordon v. State
  705 So. 2d 697· Fla. 5th DCA· 1998-01-30
• Bukowski v. State
  705 So. 2d 613· Fla. 2d DCA· 1997-12-24
  Appellant Bukowski appealed a restitution order entered after his no-contest plea to criminal charges. The court reversed the restitution order because the trial judge abused its discretion by forcing the continuation of a restitution hearing without counsel, despite the defendan
• Amendments to the Articles of Incorporation of the Fla. Bar Found., Inc.
  699 So. 2d 240· Fla.· 1997-09-18
  The Florida Supreme Court approved proposed amendments to the Articles of Incorporation of the Florida Bar Foundation, Inc., which govern the foundation's structure, governance, and operations. The amendments modified various provisions relating to the board of directors, officer