Conflict Of Interest

2,287 Florida cases classified under this topic, plus 195 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• United States v. Medel
  592 F.2d 1305· 5th Cir.· 1979-04-12 ·cited 48×
  The court held that the joint representation of the defendants did not create a conflict of interest, and other alleged errors were either harmless or not grounds for reversal.
• Myers v. Hawkins
  362 So. 2d 926· Fla.· 1978-09-14 ·cited 48×
  The Florida Supreme Court held that the Public Service Commission is not a 'judicial tribunal' under the Sunshine Amendment's prohibition on legislators representing clients before state agencies, but that the amendment does not apply to legislators already in office when it beca
• United States v. Lovano
  420 F.2d 769· 2d Cir.· 1970-01-27 ·cited 48×
  The court held that appellants were not denied effective assistance of counsel due to joint representation, as they failed to show specific prejudice or a real conflict of interest.
• City of Coral Gables v. Coral Gables, Inc.
  119 Fla. 30· Fla.· 1935-04-05 ·cited 48×
  The Florida Supreme Court upheld the dismissal of the City of Coral Gables' bill to enforce special assessment liens on abutting property for street and sidewalk paving. The Court found that the City Commission violated its charter's mandatory procedural requirements and that the
• Tavoulareas v. Piro
  817 F.2d 762· D.C. Cir.· 1987-03-13 ·cited 47×
  A limited-purpose public figure defamed by allegedly false accusations regarding participation in a commercial venture may recover only upon clear and convincing proof of actual malice. Tavoulareas was a limited-purpose public figure because he voluntarily injected himself into p
• Raleigh Porter v. State
  478 So. 2d 33· Fla.· 1985-10-25 ·cited 47×
  Raleigh Porter, under a death sentence for murdering an elderly couple, sought post-conviction relief under Florida Rule of Criminal Procedure 3.850, challenging his convictions and death sentences on multiple grounds including ineffective assistance of counsel. The Florida Supre
• United States v. Loalza-Vasquez
  735 F.2d 153· 5th Cir.· 1984-06-14 ·cited 47×·via Conflict Of Interest In Legal Representation
  The court held that the district court did not err in asserting jurisdiction, admitting hearsay evidence under the residual exception, denying severance, or finding no unconsented conflict of interest.
• United States v. Bradshaw
  719 F.2d 907· 7th Cir.· 1983-10-19 ·cited 47×
  The court held that the defendant knowingly and intelligently waived his Sixth Amendment right to conflict-free counsel by persisting in joint representation after being repeatedly advised of the risks.
• The Wash. Post Co. v. United States Dep't of Health & Human Servs.
  690 F.2d 252· D.C. Cir.· 1982-09-24 ·cited 47×
  The court held that financial and employment information submitted by special government employees on Form 474 is protected from disclosure under FOIA Exemption 6 because the invasion of privacy is not clearly unwarranted when balanced against the public interest.
• Potter v. Lainhart
  44 Fla. 647· Fla.· 1902-06-01 ·cited 47×
  A Dade County taxpayer challenged a $150,000 bond issuance for roads, a courthouse, and jail, raising procedural and constitutional objections. The Florida Supreme Court affirmed dismissal of the complaint, holding that the bonds were validly issued under statutory authority and
• Grim v. State
  971 So. 2d 85· Fla.· 2007-10-04 ·cited 46×
  Norman Grim, a death row inmate, appealed the denial of his motion for postconviction relief and petitioned for a writ of habeas corpus. The Florida Supreme Court affirmed the trial court's order, rejecting multiple claims of ineffective assistance of counsel, Brady violations, a
• Herring v. State
  730 So. 2d 1264· Fla.· 1998-09-24 ·cited 46×·via Actual Conflict Of Interest
  Ted Herring, a death row inmate, appealed the denial of his post-conviction motion claiming his public defender Howard Pearl had an actual conflict of interest due to Pearl's honorary status as a special deputy sheriff. The Florida Supreme Court affirmed the trial court's denial,
• Deppe v. Tripp
  863 F.2d 1356· 7th Cir.· 1988-12-21 ·cited 46×
  The court held that a plain error doctrine is not available in civil cases for unpreserved jury instruction or closing argument errors, and has extremely limited application for evidentiary errors. Civil litigants are bound by their counsel's actions.
• Lake Nacimiento Ranch Co. v. Cnty. OF SAN Luis Obispo
  830 F.2d 977· 9th Cir.· 1987-10-15 ·cited 46×
  The court held that the Ranch's "as applied" taking claim was not ripe, its facial challenge was unsupported, and its due process claim failed due to adequate state remedies and lack of municipal policy. The denial of attorneys' fees to the County was not an abuse of discretion.
• United States v. Fahey
  769 F.2d 829· 1st Cir.· 1985-07-30 ·cited 46×
  The court held that a defendant's waiver of a potential conflict of interest with his counsel was knowing and intelligent, and that the search of an unpatented mining claim and seizure of soil samples did not violate the Fourth Amendment. The court also found that a coconspirator
• Westinghouse Elec. Corp. v. Kerr-McGEE Corp.
  580 F.2d 1311· 7th Cir.· 1978-07-25 ·cited 46×
  An attorney-client relationship can arise when a lay party submits confidential information to a lawyer with a reasonable belief that the lawyer is acting as their attorney, even without express consent. Large law firms are not exempt from ordinary ethical considerations, and kno
• Castillo v. Estelle
  504 F.2d 1243· 5th Cir.· 1974-12-09 ·cited 46×
  An attorney's simultaneous representation of a criminal defendant and a principal prosecution witness in unrelated litigation constitutes a conflict of interest that, as a matter of law, deprives the defendant of effective assistance of counsel.
• United States v. Bell
  506 F.2d 207· D.C. Cir.· 1974-11-01 ·cited 46×
  The court held that the trial judge did not err in admitting rebuttal testimony to impeach the defendant's claim of never having seen narcotics, nor in refusing to require the government to disclose the identity of an informant used in that rebuttal, given the informant's limited
• United States v. Nasser
  476 F.2d 1111· 7th Cir.· 1973-03-05 ·cited 46×
  The court held that a client's knowing participation in a corrupt bargain with their lawyer can constitute a conspiracy under 18 U.S.C. § 371.
• Baker v. Louie L. Wainwright
  422 F.2d 145· 5th Cir.· 1970-02-13 ·cited 46×
  The court held that joint representation by a single attorney for co-defendants in a joint trial, where evidence implicating one defendant from the other's confession is introduced, creates a conflict of interest that denies effective assistance of counsel, even if the confessing
• Gen. Elec. Co. v. Nat'l Labor Relations Bd.
  412 F.2d 512· 2d Cir.· 1969-06-09 ·cited 46×
  An employer may refuse to bargain with a union committee that includes members of other unions during preliminary, voluntary discussions, but cannot refuse to bargain with such a committee during mandatory bargaining periods absent a showing of bad faith or ulterior motive.
• The United States v. Echeles
  222 F.2d 144· 7th Cir.· 1955-04-20 ·cited 46×
  The dissenting judge believes the judgment should be reversed and the case remanded due to cumulative errors and lack of fair trial.
• Quince v. Crosby
  360 F.3d 1259· 11th Cir.· 2004-02-18 ·cited 45×·via Actual Conflict Of Interest
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that a claim challenging a state judge's recusal in a collateral proceeding is not cognizable on federal habeas review. The court also found no ineffective assistance of counsel based on the trial
• Lambert Keith Gavins v. State
  587 So. 2d 487· Fla. 1st DCA· 1991-09-04 ·cited 45×
  Lambert Gavins appeals convictions for burglary, grand theft auto, and driving without a license in case 89-1793, along with probation/community control violation sentences in related cases. The appellate court reversed the convictions and remanded for a new trial, finding prosec
• Kott v. State
  518 So. 2d 957· Fla. 1st DCA· 1988-01-15 ·cited 45×
  Douglas Kott, convicted of inmate possession of a weapon, appealed arguing the trial court reversibly erred in denying his motion to dismiss court-appointed counsel without conducting an adequate inquiry. The Florida First District Court of Appeal affirmed, holding that while a t
• United States v. ARD
  731 F.2d 718· 11th Cir.· 1984-05-03 ·cited 45×·via Actual Conflict Of Interest
  The court held that the appellants' convictions were supported by sufficient evidence and that their various challenges, including those related to search and seizure, sufficiency of evidence, variance, conflict of interest, co-conspirator statements, cross-examination, presentat
• Elwood C. Barclay v. Louie L
  444 So. 2d 956· Fla.· 1984-01-19 ·cited 45×
  Barclay sought habeas corpus relief from his death sentence for first-degree murder, arguing his appellate counsel had a conflict of interest by simultaneously representing both him and his co-defendant Dougan, and that counsel provided ineffective assistance. The Florida Supreme
• Babb v. Honorable W. F. Edwards
  412 So. 2d 859· Fla.· 1982-04-01 ·cited 45×
  The Florida Supreme Court held that once a public defender certifies a conflict of interest exists between two defendants, assistant public defenders from the same circuit cannot represent both defendants, regardless of physical separation of offices. The court rejected the Fifth
• Smith v. United States
  287 F.2d 299· 5th Cir.· 1961-02-08 ·cited 45×
  The court held that the filing of quarterly reports containing false disbursements constituted false claims under the False Claims Act, even when payments were indirect, and that the claim was not barred by the statute of limitations.
• LEE v. United States
  235 F.2d 219· D.C. Cir.· 1956-06-14 ·cited 45×
  The court held that compelling an attorney whom the defendant had just discharged to represent him, rather than granting a continuance to allow the defendant to select new counsel, was an abuse of discretion and a denial of the right to counsel.
• First Union Nat'l Bank v. Turney
  824 So. 2d 172· Fla. 1st DCA· 2001-11-26 ·cited 44×
  First Union National Bank appeals a final judgment against it for breaches of fiduciary duty in administering trust assets following Robert Turney's death. The bank had subordinated the trust's mortgage security without disclosure, failed to pursue personal guarantees, and attemp
• Deaton v. Dugger
  635 So. 2d 4· Fla.· 1993-10-07 ·cited 44×
  Jason Deaton appealed the denial of his postconviction relief motion challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of relief as to the conviction but affirmed the trial court's grant of relief as to the sentence,
• United States v. Millard Bowie
  892 F.2d 1494· 10th Cir.· 1990-01-08 ·cited 44×·via Actual Conflict Of Interest
  The court held that the defendant waived his right to challenge the sufficiency of the evidence by presenting his own evidence after the government rested, and that any error in bolstering witness credibility was harmless. However, the court remanded for an evidentiary hearing on
• United States v. Ditommaso
  817 F.2d 201· 2d Cir.· 1987-04-20 ·cited 44×
  The court affirmed convictions for conspiracy to import heroin and currency reporting violations, finding no merit in claims of speedy trial denial, prejudicial evidence, extradition violations, improper identification, or illegal sentencing.
• United States v. Martinez
  630 F.2d 361· 5th Cir.· 1980-11-13 ·cited 44×·via Actual Conflict Of Interest
  A criminal defendant is denied effective assistance of counsel if represented by an attorney laboring under an actual conflict of interest, and reversal is automatic unless the right was knowingly and intelligently waived.
• THE Florida BAR v. Vernell
  374 So. 2d 473· Fla.· 1979-06-14 ·cited 44×
  The Florida Bar disciplined attorney Louis Vernell for multiple instances of professional misconduct, including tax law violations, mishandling of a criminal appeal reinstatement, and creating a conflict of interest while representing clients in a criminal case. The Florida Supre
• United States v. LEE
  589 F.2d 980· 9th Cir.· 1979-01-02 ·cited 44×
  The court held that the jury instructions adequately covered the defendant's theory of the case, CIA affidavits were admissible, discovery was properly limited, expert testimony was irrelevant, and an evidentiary hearing on a conflict of interest was not required.
• Susman v. Lincoln Am. Corp.
  561 F.2d 86· 7th Cir.· 1977-08-31 ·cited 44×
  The court held that a close professional or familial relationship between a class representative and class counsel can create an inherent conflict of interest, making the representative inadequate to protect the class's interests under Rule 23(a)(4).
• United States v. Gaines
  529 F.2d 1038· 7th Cir.· 1976-02-13 ·cited 44×
  The court held that retained counsel's divided loyalties between the petitioner and his co-defendants, which influenced the decision on whether petitioner should testify, constituted ineffective assistance of counsel under the Sixth Amendment, as the petitioner did not make a kno
• Gravitt v. United States
  523 F.2d 1211· 5th Cir.· 1975-11-21 ·cited 44×
  The court held that the district court erred in denying the motion to vacate without a hearing on the speedy trial claim and that the appellant was denied effective assistance of counsel due to a conflict of interest.
• United States v. Alberti
  470 F.2d 878· 2d Cir.· 1972-12-22 ·cited 44×
  The court held that neither appellant was denied effective assistance of counsel or a fair trial, affirming their convictions.
• Bieski v. E. Auto. Forwarding Co., Inc.
  396 F.2d 32· 3d Cir.· 1968-05-29 ·cited 44×
  The court held that the correctness of the Committee's decision interpreting the Agreement was not subject to judicial review under the relevant provisions.
• In re the Grand Jury Investigation OF Violations OF 18 U.S.C. § 1621 (Perjury)
  318 F.2d 533· 2d Cir.· 1963-05-20 ·cited 44×
  The court held that the order denying General Motors' motion to limit a grand jury investigation is not a final decision and therefore not appealable under 28 U.S.C. § 1291, nor is it an appealable injunction under 28 U.S.C. § 1292(a)(1).
• Laskey Bros. OF W. VA., Inc. v. Warner Bros. Pictures
  224 F.2d 824· 2d Cir.· 1955-07-13 ·cited 44×
  The court held that a prior stipulation binds attorneys only in their capacity as partners in the original firm, and that disqualification from a prior partnership does not automatically extend to a new firm if confidential information was not shared.
• Lott v. United States
  218 F.2d 675· 5th Cir.· 1955-01-20 ·cited 44×
  The court held that the trial court erred in admitting evidence obtained from an unreasonable search and in allowing prejudicial testimony, requiring a new trial for most defendants. It also held that the trial court improperly dismissed an appeal.
• Seagrave Corp. v. Mount
  212 F.2d 389· 6th Cir.· 1954-04-23 ·cited 44×
  The court held that while the proposed transaction was not actual fraud and the proxy statement was adequate, the directors' personal interests created a conflict of interest, violating their fiduciary duty to minority stockholders, thus the transaction was not validly ratified.
• Traders & Gen. Ins. Co. v. Rudco OIL & GAS Co.
  129 F.2d 621· 10th Cir.· 1942-06-26 ·cited 44×
  An insurer's conduct, including denial of liability and refusal to negotiate a reasonable settlement, can waive its right to object to a voluntary settlement made by the insured, especially when the potential loss far exceeds policy limits.
• United States v. Spears
  965 F.2d 262· 7th Cir.· 1992-06-02 ·cited 43×
  The court adopts a 'clearly erroneous' standard of review for probable cause determinations, but this standard does not resolve circuit disagreements on the level of deference owed.
• Barrientos v. United States
  668 F.2d 838· 5th Cir.· 1982-02-26 ·cited 43×
  The court affirmed the denial of post-conviction relief, holding that the defendant did not demonstrate an actual conflict of interest affecting his counsel's performance, his guilty plea was voluntary, and the failure to appeal after a guilty plea does not constitute ineffective
• City & Cnty. OF SAN Francisco v. United States
  615 F.2d 498· 9th Cir.· 1980-03-14 ·cited 43×
  The court held that the Navy reasonably concluded an Environmental Impact Statement was not required for the lease, and that the City's other claims were without merit.