Conflict Of Interest

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

• In & for New Castle Cnty. in re Encore Computefl Corp. Consol. S'holders Litigati.on
  Del. Ch.· 1997-07-17
  The Court of Chancery properly granted the motion to dismiss the amended complaint. The plaintiffs failed to allege facts sufficient to establish a breach of the duty of loyalty or a breach of the duty of disclosure. The challenged transactions were approved by disinterested dire
• In re Code OF Judicial Conduct
  695 So. 2d 352· Fla.· 1997-06-12
  The Florida Supreme Court amended Canon 5F of the Code of Judicial Conduct to permit active judges to pursue education, training, and certification as arbitrators or mediators, provided such activities do not interfere with their judicial duties. Previously, the canon had been in
• The Cricket Club Condo., Inc. v. Stevens
  695 So. 2d 826· Fla. 3d DCA· 1997-06-11
  The Cricket Club Condominium appeals the trial court's certification of a class action brought by Gene Stevens on behalf of 227 condominium residents alleging misrepresentations regarding a cable TV contract. The appellate court reversed the class certification, finding that Stev
• Lovermi v. Bellsouth Mobility, Inc.
  882 F. Supp. 1386· S.D. Fla.· 1997-04-18
  The court held that the plaintiff failed to state a prima facie case for sex discrimination under Title VII for both her transfer and nonapplication claims, warranting dismissal.
• LE Captain v. State
  691 So. 2d 613· Fla. 4th DCA· 1997-04-16
  The court held that the trial court did not err in denying the motion to withdraw because no actual conflict of interest existed.
• Rodriguez v. State
  684 So. 2d 833· Fla. 3d DCA· 1996-11-27
  The court held that the defense attorney's prior, brief, and non-substantial involvement in an unrelated case against the appellant did not create a conflict of interest.
• Z.F. v. State
  683 So. 2d 1084· Fla. 5th DCA· 1996-11-01
  The court held that a trial court must determine if an appeal constitutes 'necessary legal services' before compelling non-indigent parents to fund it, especially when parental interests might conflict with the juvenile's right to appeal.
• Bush v. State
  682 So. 2d 85· Fla.· 1996-10-16
  John Earl Bush appeals the denial of his rule 3.850 postconviction motion and seeks stay of his third death warrant for the 1982 murder of Frances Slater. The Florida Supreme Court affirms the denial of postconviction relief and rejects Bush's arguments regarding disproportionate
• United States v. Abbell
  852 F. Supp. 511· S.D. Fla.· 1996-09-10
  The court held that Irwin Lichter must be disqualified as trial counsel for Defendant Pereira-Salas because he will be a necessary government witness, but denied the motion to disqualify Howard Srebnick as counsel for Defendant Abbell.
• Brevard Cnty. v. State
  678 So. 2d 906· Fla. 1st DCA· 1996-08-28
  Brevard County appealed an advisory opinion from the Florida Commission on Ethics holding that county paramedics employed by private ambulance service franchisees face a conflict of interest that cannot be exempted by county ordinance. The court affirmed, holding that the statuto
• United States v. Culp
  934 F. Supp. 394· M.D. Fla.· 1996-07-09
  The court held that an attorney's prior representation of government witnesses in related matters creates a potential and actual conflict of interest, requiring disqualification even if the defendant waives the conflict.
• United States v. Miranda
  85 F. Supp. 399· S.D. Fla.· 1996-05-14
  The court held that an attorney must be disqualified when his representation of a defendant is substantially related to his prior representation of a cooperating government witness who will testify against the defendant, and the witness does not consent to the continued represent
• Christensen v. Correa
  673 So. 2d 145· Fla. 5th DCA· 1996-05-10
• THE Florida BAR v. Birdsong
  661 So. 2d 1199· Fla.· 1995-10-26
  The court reviewed a referee's report in a bar discipline case involving an attorney, Deanna McBride Birdsong, who challenged disciplinary recommendations and assessed costs.
• Edgewater Sun Spot, Inc. v. Pennington & Haben
  183 B.R. 938· N.D. Fla.· 1995-06-23
  The court affirmed the Bankruptcy Judge's decision, finding no abuse of discretion in awarding attorney's fees, denying abstention, or in evidentiary rulings.
• A.J. Stanton, JR., P.A. v. Ivey
  645 So. 2d 1050· Fla. 5th DCA· 1994-11-10
  Stanton, an attorney, sought to foreclose on a mortgage note executed by Ivey in settlement of a fee dispute. Ivey defended by claiming unclean hands based on alleged conflicts of interest, but the court reversed because the evidence did not support any breach of fiduciary duty t
• THE Florida BAR v. Nesmith
  642 So. 2d 1357· Fla.· 1994-09-29
  The Florida Bar challenged a referee's finding that attorney Robert Jerome Nesmith did not violate Rule 4-1.8 by obtaining a personal loan from Michael Passas. The Florida Supreme Court affirmed, holding that Passas was not Nesmith's client in his individual capacity, so the rule
• Hyman v. Iowa State Bank (In re Health Care Products)
  1994 U.S. Dist. LEXIS 9850· M.D. Fla.· 1994-07-12
  The Bankruptcy Court exceeded its jurisdiction by striking an affidavit ex parte after a final judgment and appeal notice were filed, and this constituted harmful error. The court reversed the summary judgment for lack of supporting evidence.
• In re Fairchild Ind. & Gmf Inv. Erisa Litig.
  835 F. Supp. 603· N.D. Fla.· 1993-09-09
  The court held that the defendants did not breach their fiduciary duties under ERISA because they acted prudently to avoid plan disqualification and did not know that GMF intended to use plan funds to purchase GMF stock.
• United States v. Domenic Simonetti
  998 F.2d 39· 1st Cir.· 1993-07-20
  Retrial after a mistrial declared over a defendant's objection is permissible if the mistrial was justified by manifest necessity, and the district court did not abuse its discretion in finding such necessity.
• United States v. Logan
  998 F.2d 1025· D.C. Cir.· 1993-07-20
  The court affirmed convictions, holding that defense counsel's contentious exchanges with the judge did not deny a fair trial, the jury instruction on firearm use during a drug offense was adequate, and other claims lacked merit.
• Bonin v. Vasquez
  999 F.2d 425· 9th Cir.· 1993-07-16
  The court held that there is no constitutional right to effective counsel in state post-conviction or federal habeas corpus proceedings, and therefore, the Public Defender's potential ineffectiveness does not constitute cause to excuse the late filing of claims.
• United States v. Vasquez
  995 F.2d 40· 5th Cir.· 1993-06-23
  The district court did not abuse its discretion in disqualifying defense counsel due to a serious potential for conflict of interest.
• United States v. Santiago
  993 F.2d 504· 5th Cir.· 1993-06-21
  The court affirmed the denial of the Brady violation and sentencing claims but vacated and remanded the ineffective assistance of counsel claim based on a potential trial counsel conflict of interest.
• Cassity v. Pitts
  995 F.2d 1009· 10th Cir.· 1993-06-17
  The federal court correctly dismissed the action for lack of subject matter jurisdiction because the state court had prior, exclusive in rem jurisdiction over the trust and its administration.
• Helga Baentsch v. The Franklin Life Ins. Co.
  619 So. 2d 514· Fla. 4th DCA· 1993-06-16
• Dokes v. A.L. Lockhart
  992 F.2d 833· 8th Cir.· 1993-05-10
  The court held that the appellant failed to demonstrate an actual conflict of interest adversely affecting counsel's performance or that counsel's performance was deficient, thus affirming the denial of his habeas corpus petition.
• United States v. Burns
  990 F.2d 1426· 4th Cir.· 1993-03-19
  The court held that the plea agreement did not bar prosecution for the interstate travel count, and the Double Jeopardy Clause and Due Process Clause were not violated. The court also affirmed the denial of a new attorney.
• United States v. Lopez
  989 F.2d 1032· 9th Cir.· 1993-03-17
  The court noted that the prosecutor's misbehavior was not the sole issue, but also highlighted the problematic conduct of defense counsel and the magistrate judge in a criminal case involving plea negotiations and potential conflicts of interest.
• Stoumbos v. Whitesides
  988 F.2d 949· 9th Cir.· 1993-03-09
  The court held that Kilimnik's security interest was limited to assets owned on May 1, 1982, except for after-acquired inventory securing working capital advances, and that his transfer of vehicles and withdrawal from the LAMA were improper.
• Weyburn Broad. Ltd. P'ship v. Fed. Commc'ns Comm'n
  984 F.2d 1220· D.C. Cir.· 1993-02-12
  The court held that the FCC erred in granting summary judgment without a hearing on financial qualification issues, as substantial and material questions of fact remained.
• Henry v. State
  613 So. 2d 383· Fla.· 1992-12-24
  Robert Henry was convicted of two counts of first-degree murder, armed robbery, and arson for killing two store employees during a robbery. The Florida Supreme Court affirmed his convictions and two death sentences, rejecting his challenges to the admissibility of his confessions
• Susanne Littlefield v. McGUFFEY
  979 F.2d 101· 7th Cir.· 1992-11-05
  An insurer is obligated to pay attorney's fees and costs under its policy if it defended the insured, and attorney's fees are considered costs under applicable statutes or contracts.
• Brandt v. Bassett (In re Se. Banking Corp.)
  S.D. Fla.· 1992-10-29
  The court held that the motion to disqualify counsel is denied without prejudice because the FDIC is not yet an adversarial party in the litigation, and no actionable controversy currently exists between the FDIC and the Trustee.
• The Fed. Deposit Ins. Corp. v. Clark
  978 F.2d 1541· 10th Cir.· 1992-10-22
  The court held that the FDIC had subject matter jurisdiction and that attorneys could be held liable for professional negligence even if bank officers committed fraud, as the officers' actions were not within the scope of their employment.
• Truesdale v. State
  605 So. 2d 173· Fla. 1st DCA· 1992-09-17
• NCL Corp. v. Lone Star Bldg. Ctrs. (Eastern) Inc.
  144 B.R. 170· S.D. Fla.· 1992-07-30
  The court held that a motion to disqualify opposing counsel was denied because the attorney-client privilege did not pass to the plaintiff upon assignment of a lease, and that the defendant's counterclaims were discharged in bankruptcy as they were pre-petition claims that were f
• In re Westwood Shake & Shingle, Inc. v. Steinberg
  971 F.2d 387· 9th Cir.· 1992-07-30
  The court held that it lacks jurisdiction to hear an appeal from a district court's affirmance of a bankruptcy court's interlocutory order appointing special counsel.
• United States v. José Gonzalez
  970 F.2d 1095· 2d Cir.· 1992-07-24
  A district court cannot depart downward from the sentencing guidelines based on a defendant's cooperation or contrition without a government motion, and a defendant is not entitled to an evidentiary hearing on a motion to withdraw a guilty plea if the allegations are conclusory o
• In re Phillips v. First City
  966 F.2d 926· 5th Cir.· 1992-07-02
  A bankrupt partner lacks the authority under Texas law to file a voluntary Chapter 11 petition on behalf of a partnership, and federal bankruptcy law does not preempt this state law restriction.
• United States v. Damaso Vasquez
  966 F.2d 254· 7th Cir.· 1992-06-25
  The court held that the district court did not abuse its discretion in sentencing the appellants, as the sentences were within statutory limits and based on proper consideration of relevant factors. The court also rejected claims of Sixth Amendment and Eighth Amendment violations
• Martin v. Branch 419, Nat'l Ass'n OF Letter Carriers, AFL-CIO
  965 F.2d 61· 6th Cir.· 1992-05-27
  The court held that a union's qualification barring members who applied for supervisory positions within the past two years from running for union office is a reasonable qualification under the Landrum-Griffin Act.
• Fin. Insts. Ret. Fund v. Off. OF Thrift Supervision & T. Timothy Ryan
  964 F.2d 142· 2d Cir.· 1992-05-15
  The court held that while the intervening employee-participants had standing to sue for breach of fiduciary duty under ERISA, the Fund's directors did not breach their duties by allocating the surplus to the Banks.
• Devore v. Comm'r OF Internal Revenue Serv.
  963 F.2d 280· 9th Cir.· 1992-05-06
  The court held that the Tax Court's denial of motions to vacate deficiency judgments should be reversed and remanded for an evidentiary hearing to determine if Devore was prejudiced by his former counsel's conflict of interest.
• Popejoy v. State
  597 So. 2d 335· Fla. 3d DCA· 1992-04-07
  Popejoy appeals his conviction based on a conflict of interest arising from his former public defender being hired as a prosecutor by the same office prosecuting him. The court held that the former defense counsel's employment by the prosecution and participation in proceedings v
• German v. State
  596 So. 2d 509· Fla. 1st DCA· 1992-03-31
  Jesse German appealed the denial of his Rule 3.850 post-conviction motion claiming ineffective assistance of counsel, double jeopardy violations, and self-incrimination violations. The appellate court reversed because the trial court improperly denied the motion without attaching
• Ballard v. Cowan
  599 So. 2d 1306· Fla. 3d DCA· 1992-03-17
  Yolanda Ballard, wife of an incapacitated ward, appealed orders denying her motion to remove court-appointed guardian Paul Cowan and her motion to disqualify the appointing judge. The Florida appellate court affirmed, finding no conflict of interest in the guardian's acceptance o
• In re E.F. Hutton Sw. Props. II, Ltd. v. Union Planters Nat'l Bank
  953 F.2d 963· 5th Cir.· 1992-02-19
  The court held that the indenture trustee was not liable for failing to invest funds because the trust agreement contained a valid exculpatory clause allowing reliance on advice of counsel, and the trustee's duty to invest was at best dubious.
• Stano v. Singletary
  952 F.2d 1273· 11th Cir.· 1992-01-22
  The Eleventh Circuit granted Stano's motion to remand his habeas corpus petition to allow him to amend it with a newly discovered conflict of interest claim regarding his trial counsel, following the Florida Supreme Court's ruling in Herring v. State that such defendants are enti
• THE Florida BAR v. Belleville
  591 So. 2d 170· Fla.· 1991-12-05
  The Florida Supreme Court disciplined attorney Walter J. Belleville for violating ethical rules by preparing one-sided real estate transaction documents for his client without adequately informing the unrepresented opposing party (an elderly man with limited education) of the doc