Conflict Of Interest

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

• THE Florida BAR v. Calhoun
  488 So. 2d 536· Fla.· 1986-05-22
  The Florida Supreme Court disbarred attorney Thomas B. Calhoun for multiple violations of professional responsibility rules, including mishandling client funds, conflicts of interest, and conduct prejudicial to the administration of justice.
• Powell v. Bordenkircher
  789 F.2d 425· 6th Cir.· 1986-04-29
  The court held that appointing a city attorney to represent an indigent criminal defendant does not automatically create a conflict of interest or prejudice, absent a showing of actual conflict adversely affecting performance.
• L.C. Screen Corp. v. Kaplan
  487 So. 2d 403· Fla. 3d DCA· 1986-04-29
• United States v. Cantu
  786 F.2d 712· 5th Cir.· 1986-04-09
  The court held that joint representation did not deny effective assistance of counsel because there was no conflict of interest and the petitioners knowingly waived any potential conflict.
• Bass v. McCotter
  475 U.S. 1072· U.S.· 1986-03-11
• Dickerson v. Shikany
  485 So. 2d 11· Fla. 3d DCA· 1986-03-04
  Dickerson and Fanning, personal representatives of the decedent's estate, appeal an order compelling them to pursue an action against a bank to recover funds withdrawn from a joint account. The trial court's earlier ruling that an "appropriate party" other than Dickerson should b
• Fleming v. Kemp
  475 U.S. 1058· U.S.· 1986-03-03
• Amalgamated Transit Union Int'l, AFL-CIO v. Donovan
  771 F.2d 1551· D.C. Cir.· 1985-09-24
  The court held that a motion to intervene filed after an appellate decision, without exceptional and imperative reasons, should be denied due to untimeliness and disruptive potential.
• Watson v. State
  473 So. 2d 27· Fla. 4th DCA· 1985-07-24
• United States v. Scharrer
  614 F. Supp. 234· S.D. Fla.· 1985-07-15
  The court held that the defendant's post-trial motions alleging insufficient evidence and ineffective assistance of counsel were without merit.
• THE Florida BAR v. Hersch E. Caudill
  468 So. 2d 989· Fla.· 1985-05-02
  Hersch Caudill, a Florida attorney, petitioned for permanent resignation from the practice of law pending disciplinary proceedings. The Florida Supreme Court approved his petition, striking his name from the roll of attorneys effective immediately, after finding he satisfied all
• Greer v. Black
  758 F.2d 327· 8th Cir.· 1985-04-01
  The court held that the petitioner failed to demonstrate an actual conflict of interest adversely affecting his attorney's performance, thus his Sixth Amendment claim for ineffective assistance of counsel failed.
• Mercurio v. The City OF NEW York
  758 F.2d 862· 2d Cir.· 1985-03-29
  The court held that New York General Municipal Law § 50-k does not authorize reimbursement for private attorneys' fees when a conflict of interest exists between the city and its employees, and common-law rights to reimbursement are limited.
• Mollie T. Caldwell v. Wallace
  755 F.2d 870· 11th Cir.· 1985-03-20
  Notice sent to a Medicaid recipient's sponsor was ineffective because the sponsor had a conflict of interest that was apparent to the Agency, preventing the recipient from receiving actual notice.
• Conn. Gen. Life Ins. Co. v. Dredge
  746 F.2d 1420· 10th Cir.· 1984-10-25
  The court reversed the deputy commissioner's denial of additional attorney's fees, holding that claimants' counsel was entitled to such fees for proving the employer/carrier acted negligently, thereby relieving claimants of their portion of the original attorney's fees.
• Vitagliano v. State
  452 So. 2d 1150· Fla. 5th DCA· 1984-07-19
  The court held that the pro se petition for relief under Florida Rule of Criminal Procedure 3.850 was facially insufficient and properly denied.
• Rogers v. White
  736 F.2d 483· 8th Cir.· 1984-06-20
  The court held that a conflict of interest from counsel seeking employment with the prosecuting attorney's office does not constitute a per se violation of the Sixth Amendment if no actual prejudice is shown.
• Anne Elisabeth Koller v. Richardson-Merrell Inc.
  737 F.2d 1038· D.C. Cir.· 1984-05-29
  An order disqualifying counsel in a civil case is immediately reviewable under the collateral order doctrine, and the district court erred in disqualifying counsel based on the presented facts.
• In & for New Castle Cnty. Franz-Josef Kortum
  Del. Ch.· 1984-05-01
  The Delaware Court of Chancery held that a director's right to inspect corporate books and records is generally absolute and unfettered, and the corporation cannot impose unreasonable conditions on such inspection, especially those preventing disclosure to a designating stockhold
• Hasan v. Clevetrust Realty Invs.
  729 F.2d 372· 6th Cir.· 1984-03-02
  The court held that the district court erred in granting summary judgment because genuine issues of material fact existed regarding the independence, good faith, and thoroughness of the special litigation committee.
• Campbell v. Lehman
  728 F.2d 49· 1st Cir.· 1984-03-02
  The court held that while the Navy may not have had explicit authority to issue the anti-nepotism regulation, its instructions served as acceptable interim measures due to the Department of Education's inaction, and the regulation itself was not unreasonable.
• United States v. Dir., Dep't OF Corr., State OF Ill.
  721 F.2d 586· 7th Cir.· 1983-11-16
  The court held that the district court erred in dismissing the habeas corpus petition for failure to exhaust state remedies, reversing the dismissal.
• State v. Dixon
  438 So. 2d 185· Fla. 2d DCA· 1983-09-23
  Florida Supreme Court reversed the trial court's denial of the state's motion to disqualify Norman Cannella, a former assistant state attorney, from representing Robert Lee Dixon in a first-degree murder and armed robbery case. The court held that Cannella's participation in obta
• Lovejoy v. Murray R. Grubbs
  432 So. 2d 678· Fla. 5th DCA· 1983-06-02
  Taxpayers sued city and county commissioners and a private engineering firm for conflict of interest, alleging that a public official was simultaneously serving as city and county engineer while also operating a private engineering company subject to his own official review. The
• United States v. Barron
  703 F.2d 270· 7th Cir.· 1983-03-29
  Orders refusing to disqualify opposing counsel are not appealable in criminal cases, similar to civil cases.
• Richmond Hilton Assocs. v. The City OF Richmond
  690 F.2d 1086· 4th Cir.· 1982-09-30
  The court held that the district court erred in disqualifying the law firm, as there was no actual conflict of interest between the defendants represented in their official and individual capacities.
• Huff v. State
  409 So. 2d 144· Fla. 2d DCA· 1982-01-27
  The court held that the trial court abused its discretion by denying the motion to sever the trial when the codefendant's testimony against the appellant was only revealed after the trial commenced.
• In re Code OF Jud. Conduct (Canon 5C(2) & Canon 7B(2))
  409 So. 2d 484· Fla.· 1982-01-14
• Mescall v. Rochford
  655 F.2d 111· 7th Cir.· 1981-07-28
  The court concurred that the regulation is unconstitutional due to overbreadth and arbitrariness.
• S. Trail Area Fire Control Dist. v. Knecht
  400 So. 2d 46· Fla. 2d DCA· 1981-05-22
  The Florida District Court of Appeal reversed a lower court's order reinstating an employee, finding that the administrative board's written findings of fact satisfied due process requirements, even without oral findings at the time of decision.
• Nelson v. Gammon
  647 F.2d 710· 6th Cir.· 1981-05-07
  The court held that summary judgment was appropriate because directors' actions were legal under Kentucky law, disclosure was adequate, and no genuine issues of material fact existed.
• Simpson v. Georgia
  450 U.S. 972· U.S.· 1981-03-09
• Kniebes v. State
  391 So. 2d 743· Fla. 4th DCA· 1980-12-24
  The court held that the trial court should reconsider the issue of ineffective assistance of counsel in light of a Supreme Court precedent and sentence the appellant as a youthful offender if applicable.
• Broxson v. State
  388 So. 2d 242· Fla. 1st DCA· 1980-08-15
• Palmer W. Collins and H. L. Clark, III v. Pioneer Title Ins. Co.
  629 F.2d 429· 6th Cir.· 1980-07-16
  A title insurance policy is voidable if the insured, through their agent, fails to disclose material facts increasing the risk, and the insured cannot recover from the agent if they are in pari delicto.
• In re Investigative Grand Jury Proceedings ON April 10 v. Wittenberg
  621 F.2d 813· 6th Cir.· 1980-05-20
  The court held that disqualification orders in grand jury proceedings are not immediately appealable and that the attorneys lacked standing to appeal.
• O'Kelley v. State OF N.C.
  606 F.2d 56· 4th Cir.· 1979-06-29
  The court held that while a new sentencing hearing was warranted due to potential conflict of interest regarding a shotgun, the petitioner was not denied effective assistance of counsel or a fair trial regarding his conviction.
• Siegel v. State
  369 So. 2d 83· Fla. 3d DCA· 1979-03-13
  Philip Siegel sought certiorari review of a trial court order substituting his criminal defense counsel in a first-degree murder case. The Florida appellate court held that the trial court acted prematurely in granting the prosecution's motion to substitute counsel before suffici
• THE Florida BAR v. White
  368 So. 2d 1294· Fla.· 1979-03-08
  The Florida Bar disciplined attorney Thomas L. White for purchasing real property from his client at an inadequate price without full disclosure and for charging a clearly excessive fee for minimal estate work. The Florida Supreme Court affirmed the referee's findings and suspend
• United States ex rel. John Sullivan v. Cuyler
  593 F.2d 512· 3d Cir.· 1979-02-14
  The dissenting judge argues that the panel erred in finding a Sixth Amendment violation based on dual representation without requiring a showing of actual prejudice and without sufficient state action.
• Little v. Arkansas
  435 U.S. 957· U.S.· 1978-04-03
• Rollins v. Fla. Dep't OF Commerce
  356 So. 2d 59· Fla. 4th DCA· 1978-03-14
  Petitioner Rollins sought unemployment compensation after discharge, which an Appeals Referee granted, finding no misconduct. The Industrial Relations Commission vacated and remanded based on alleged due process violations and conflict of interest concerns, but the court found no
• United States v. Helena Guterman McCOY
  573 F.2d 14· 10th Cir.· 1978-03-10
  The court held that the defendant's Sixth Amendment right to counsel was not violated and affirmed the conviction, but allowed for a motion to correct the sentence.
• Broward Nat'l Bank OF Fort Lauderdale v. Carter
  349 So. 2d 648· Fla. 4th DCA· 1977-07-22
• Houmis v. United States
  558 F.2d 182· 3d Cir.· 1977-07-05
  The court held that the district court erred in allowing defense counsel to interrupt the defendant during a critical stage of the plea colloquy, creating ambiguity about the plea agreement's terms.
• Palting v. Bordallo
  542 F.2d 511· 9th Cir.· 1976-08-30
  The court directed the co-administrators to supply copies of all relevant probate records to aid in determining the appeal's pertinency.
• THE Fla. BAR. In re Eugene J. Ethier
  322 So. 2d 500· Fla.· 1975-10-15
  The Court approved a conditional guilty plea and imposed discipline on an attorney for professional misconduct.
• State of Fla. ex rel. Werner Buntemeyer v. The Fla. State Comm'n ON Ethics
  321 So. 2d 137· Fla. 1st DCA· 1975-10-10
  The court held that the districts' actions in considering and ruling on the conflict of interest complaints constituted 'initiated action' within the statutory 30-day period, thereby precluding the Commission on Ethics from conducting its own investigation.
• Goldtrap v. Comm'n ON Ethics
  43 Fla. Supp. 11· Leon Cty. Cir. Ct.· 1975-09-09
  A Leon County circuit judge upheld Florida's financial disclosure statute for public officials against a county commissioner's challenge that it violated his constitutional right to privacy. The court held that while individuals have a privacy right, the state's interest in preve
• THE Fla. BAR. In re Roger H. Harper
  318 So. 2d 398· Fla.· 1975-06-25
  The Florida Bar disciplined attorney Roger H. Harper for serious ethical violations involving usurious lending practices and conflicts of interest with clients. Harper pleaded conditionally guilty to violations related to representing clients with whom he had financial disputes a