Conflict Of Interest

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

• In re Gleasman v. Jones
  933 F.2d 1277· 5th Cir.· 1991-06-10
  The court held that the Gleasmans' legal malpractice claim was time-barred because they knew or should have discovered the facts establishing their claim more than two years before filing suit, under Texas's two-year statute of limitations and the discovery rule.
• Bahram Yusefzadeh and Laury Yusefzadeh v. Burton G. Ross and Ross
  932 F.2d 1262· 8th Cir.· 1991-05-15
  The court held that the plaintiff failed to produce sufficient evidence to create a genuine issue of material fact regarding causation, as the evidence did not show that alternative financing would have been obtained by the relevant deadline.
• Sorenson v. First Wis. Nat'l Bank of Milwaukee, N.A.
  931 F.2d 19· 8th Cir.· 1991-04-22
  The court held that the bank was not liable for counsel's conflict of interest and was not required to provide 30 days' notice of default under the mortgage provisions.
• In the Interest of G.B. v. State
  576 So. 2d 889· Fla. 1st DCA· 1991-03-21
  The court held that the trial court abused its discretion by denying a motion for continuance without further inquiry into a discovery violation and potential conflict of interest.
• In re Standard Jury Instructions-Criminal Report NO. 90-2
  575 So. 2d 1276· Fla.· 1991-02-14
  The Florida Supreme Court approved revised standard jury instructions for criminal grand juries to replace gender-specific language with gender-neutral terminology throughout the instructions and accompanying handbook, ensuring inclusive language while maintaining substantive con
• United States v. Bonilla-Marquez
  924 F.2d 770· 8th Cir.· 1991-01-29
  The court held that the defendant knowingly and voluntarily waived his right to effective assistance of counsel, despite counsel's conflict of interest.
• Kingsley Assocs., Inc. v. Del-Met, Inc.
  918 F.2d 1277· 6th Cir.· 1990-11-20
  The court held that the district court erred in granting judgment notwithstanding the verdict on post-termination commissions because sufficient evidence supported the jury's finding that the parties' oral agreement entitled the representative to commissions for the "life of the
• Kaye Pearson & Yachting Promotions, Inc. v. Seaboard Sur. Co.
  568 So. 2d 1311· Fla. 4th DCA· 1990-10-24
  Pearson appealed trial court orders requiring the withdrawal of his counsel (the Weaver firm) after one of the opposing defendants' attorneys (Petrie) joined the Weaver firm, creating ethical conflicts. The appellate court affirmed, holding that the trial court did not abuse its
• United States v. Wong CHI Keung
  916 F.2d 67· 2d Cir.· 1990-10-15
  The court vacated the conviction and remanded for findings on the extent of the former attorney's role in the defendant's targeting and defense counsel selection, and whether this impaired the conviction's validity or representation adequacy.
• United States v. Kenney
  911 F.2d 315· 9th Cir.· 1990-08-14
  The dissenting judge believes the Assistant U.S. Attorney's testimony improperly vouched for a witness and expressed a personal opinion on guilt, denying the defendant a fair trial.
• Hutcherson v. Smith
  908 F.2d 243· 7th Cir.· 1990-07-30
  The court held that an attorney's conflict of interest in a civil case, even if constituting legal malpractice under state law, does not rise to the level of a constitutional due process violation actionable under 42 U.S.C. § 1983.
• Jovina Vera v. State
  562 So. 2d 446· Fla. 1st DCA· 1990-06-21
• Knagge v. Sullivan
  735 F. Supp. 411· M.D. Fla.· 1990-04-12
  The court deferred ruling on the attorney fee petition pending an investigation into the propriety of filing for fees under the Equal Access to Justice Act (EAJA), as counsel has a duty to explore all fee recovery options for the client.
• L.W. Laird v. Integrated Res., Inc.
  897 F.2d 826· 5th Cir.· 1990-04-06
  The court, in a special concurrence, agreed with the majority's result to reverse summary judgment but disagreed with the broad fiduciary duty standard announced by the majority for investment advisors under § 10(b).
• Bouie v. State
  559 So. 2d 1097· Fla.· 1990-04-05
  Johnnie Bouie was convicted of first-degree murder and sentenced to death for beating and stabbing a woman in Daytona Beach. The Florida Supreme Court affirmed his conviction but reduced his sentence to life imprisonment with no possibility of parole for 25 years because the tria
• Roque Cruz and Rosaura Cruz v. Carpenter
  893 F.2d 84· 5th Cir.· 1990-01-31
  The court held that the statute of limitations bars the derivative action because the cause of action accrued upon the sale of the corporation, and no tolling exceptions under Texas law apply.
• Cnty. OF LOS Angeles v. United States Dep't OF Labor
  891 F.2d 1390· 9th Cir.· 1989-12-04
  The court held that the County does not have a right to a hearing under 29 U.S.C. § 1576(a) because it was not directly sanctioned, but it does have a right to intervene in the State's administrative appeal under 29 C.F.R. § 18.10(b).
• The Okla. Educ. Ass'n v. The Alcoholic Bev. Laws Enf't Comm'n
  889 F.2d 929· 10th Cir.· 1989-11-07
  Oklahoma's constitutional and statutory provisions prohibiting state employees from working in the alcoholic beverage business do not violate the First or Fourteenth Amendments, as they are rationally related to legitimate state interests and do not infringe upon fundamental righ
• United States v. Shamy
  886 F.2d 743· 4th Cir.· 1989-10-05
  The court held that a conviction based on a theory of mail and wire fraud invalid under McNally v. United States must be vacated, even if the defendant did not request a jury instruction consistent with McNally.
• Atl. Leasing & Fin., Inc. v. IPM Tech., Inc.
  885 F.2d 188· 4th Cir.· 1989-09-15
  The court held that a confessed judgment entered against a guarantor was valid, as the guarantor knowingly and voluntarily waived its due process rights and defenses through the contract's provisions. The court also found the award of attorneys' fees to be permissible under Maryl
• United States v. Boling
  884 F.2d 924· 6th Cir.· 1989-09-07
  The court held that the acquittal of one co-conspirator does not mandate the acquittal of another if they are tried separately, and therefore Lauback's conspiracy conviction should not have been reversed.
• Mane Iandoli v. Iandoli
  547 So. 2d 666· Fla. 4th DCA· 1989-06-21
  The Florida Fourth District Court of Appeal upheld a probate court's approval of the sale of a $7 million shopping center from an estate to one of two residuary beneficiaries who was also the personal representative. The court held that where a will grants a general power of sale
• In re A.H. Robins Co. v. Unnamed Claimants
  880 F.2d 779· 4th Cir.· 1989-06-16
  The court held that the district court did not err in removing three trustees for the Daikon Shield Claimants' Trust, as Virginia law grants broad discretion to appointing courts for removal when it appears proper and in the best interest of the trust.
• Kennecott Corp. v. United States Dist. Court FOR the S. Dist. OF Cal.
  873 F.2d 1292· 9th Cir.· 1989-05-03
  The court held that a petition for writ of mandamus concerning a district court's denial of a motion to disqualify counsel in a patent case should be filed in the Court of Appeals for the Federal Circuit, not this court.
• United States v. Honorable Walter Kelly
  870 F.2d 854· 2d Cir.· 1989-03-17
  The trial court did not abuse its discretion in denying the defendant's choice of counsel due to a serious potential conflict of interest, thus not violating the Sixth Amendment right to counsel.
• Zarowitz v. Bankamerica Corp.
  866 F.2d 1164· 9th Cir.· 1989-01-31
  The court held that the district court did not abuse its discretion in approving the settlement, as the objector's procedural arguments were unavailing and the district court adequately protected shareholder rights.
• Fla. Ins. Guar. Ass'n v. Carey Canada, Inc.
  102 F.R.D. 183· S.D. Fla.· 1988-11-30
  The court held that Jim Walter Corporation and Celotex Corporation were indispensable parties under Rule 19, and because they could not be joined without destroying subject matter jurisdiction, the action must be dismissed.
• United States v. Solomon
  856 F.2d 1572· 11th Cir.· 1988-10-12
  The court held that the trial court did not commit plain error by failing to give a specific instruction on the presumption of innocence at the close of the case, nor did it err in its instructions on witness credibility or by allowing joint representation, as no actual conflict
• THE Florida BAR v. Marshall
  531 So. 2d 336· Fla.· 1988-09-29
  The Florida Supreme Court suspended attorney R. Justin Marshall for 18 months for improperly accepting approximately $19,000 in gifts from an elderly client whose funds should have been treated as trust funds. The misconduct stemmed from Marshall's alcoholism, which impaired his
• Jenkins v. Sterlacci
  856 F.2d 274· D.C. Cir.· 1988-09-06
  The court denied the petition for rehearing, finding that while the Supreme Court's decision in Liljeberg rejected the prospective-only application of disqualification remedies, this was an alternate holding and not the primary basis for the prior decision.
• THE Florida BAR v. Gonzalo R. Lage
  529 So. 2d 1099· Fla.· 1988-08-18
  The Court accepts the respondent's conditional guilty plea and approves the consent judgment for a thirty-day suspension.
• In & for New Castle Cnty. Emerald P'rs
  Del. Ch.· 1988-08-15
  The Court of Chancery found that the merger was entirely fair to May's minority stockholders, both in terms of fair dealing and fair price. Consequently, the director defendants are not liable for monetary damages. Even if the merger were found to be unfair, the defendants would
• United States v. Perez
  694 F. Supp. 854· S.D. Fla.· 1988-08-04
  The court held that an attorney must be disqualified when there is a serious risk of conflict of interest that could undermine public confidence in the judicial system, even if the defendant waives the conflict.
• Coffey v. Pack
  524 So. 2d 498· Fla. 2d DCA· 1988-05-06
  The Florida District Court of Appeal granted Coffey's petition for a writ of prohibition barring retrial on felony charges after a mistrial was declared over his objection due to a conflict of interest involving his public defender. The court held that absent manifest necessity a
• Moises Kroitoro v. Chase Manhattan Bank, N.A.
  522 So. 2d 1061· Fla. 3d DCA· 1988-04-12
  Moises Kroitoro, adjudicated bankrupt under Panamanian law, appealed the dismissal of his action against creditors in U.S. courts. The court affirmed the dismissal, holding that Panamanian bankruptcy laws are not repugnant to U.S. public policy and principles of comity require de
• THE Florida BAR v. Dingle
  511 So. 2d 557· Fla.· 1987-08-20
  Dennis Dingle, a Florida Bar member facing disciplinary proceedings for unprofessional conduct, courtroom misconduct, client neglect, and potential conflicts of interest, petitioned to resign from the Bar with leave to apply for readmission after five years. The Florida Supreme C
• Ivie v. B.F. Harden and W. Bradley Munroe
  510 So. 2d 1257· Fla. 1st DCA· 1987-08-19
• In re Grand Jury Subpoenas ON Bernard M. Barrett, Jr., M.D.
  818 F.2d 330· 5th Cir.· 1987-05-19
  The court held that the district court's refusal to terminate the grand jury investigation is not a final, appealable order under 28 U.S.C. § 1291.
• In re Stolrow's Inc. v. Stolrow's Inc.
  813 F.2d 997· 9th Cir.· 1987-03-27
• Calton v. Zapata Lexington
  811 F.2d 919· 5th Cir.· 1987-03-09
  The court held that the children of a deceased seaman's first marriage cannot bring a separate wrongful death suit against the employer after the seaman's widow, acting as personal representative, settled all claims.
• City OF Riviera Beach v. Palm Beach Cnty. Solid Waste Auth.
  502 So. 2d 1335· Fla. 4th DCA· 1987-02-25
  The court held that Chapter 75-473, Laws of Florida, as amended, does not violate Article II, Section 5(a) of the Florida Constitution, and a County Commissioner can serve on the Solid Waste Authority without conflict.
• THE Florida BAR v. Milin
  502 So. 2d 900· Fla.· 1987-02-05
  The Court adopts the referee's report and approves the recommended discipline of a public reprimand and costs.
• THE Florida BAR v. Holmes
  503 So. 2d 1244· Fla.· 1987-01-05
  The Florida Supreme Court disbarred attorney D. Richard Holmes after he pleaded guilty to multiple counts of professional misconduct involving dishonesty, misappropriation of client funds, conflicts of interest, and neglect of legal matters. Holmes admitted to fraudulent represen
• Munford, Inc. v. Necrason
  499 So. 2d 909· Fla. 1st DCA· 1986-12-22
  In this workers' compensation appeal, the employer Munford seeks to overturn an order requiring it to pay for rehabilitation services provided by Statewide Rehabilitation, Inc., whose stock is wholly owned by the law firm representing the claimant. The court affirms the order but
• State v. Royce Phillip Croft
  499 So. 2d 849· Fla. 5th DCA· 1986-11-13
• Dockray v. Phelps Dodge Corp.
  801 F.2d 1147· 9th Cir.· 1986-10-06
  The court held that the majority opinion improperly instructed the district court on remand regarding the standard of review and introduced issues not raised on appeal.
• City OF Gainesville v. Alachua Cnty. Police Benevolent Ass'n, Inc.
  493 So. 2d 46· Fla. 1st DCA· 1986-08-15
  The City of Gainesville appealed a Public Employees Relations Commission (PERC) order certifying the Alachua County Police Benevolent Association as the exclusive bargaining representative for police lieutenants and two sergeant positions. The court vacated and remanded in part,
• Ferrone v. Dep't OF Labor
  797 F.2d 962· Fed. Cir.· 1986-07-28
  The court held that an investigator's contract granting exclusive rights to his life story, including details of an ongoing investigation, created a clear conflict of interest and that refusal to divest was insubordination justifying removal.
• Wofford v. Herbalife Int'l, Inc.
  361 F.2d 164· S.D. Fla.· 1986-07-18
• THE Florida BAR v. Katz
  491 So. 2d 1101· Fla.· 1986-06-26
  The Florida Supreme Court disbarred attorney Scott William Katz for three separate violations of professional conduct rules: representing conflicting clients in a dissolution matter, coercing a former client into paying unwarranted damages, and making material misrepresentations