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

• Johnson v. State
  78 So. 3d 1305· Fla.· 2012-01-05 ·cited 42×
  The Florida Supreme Court reviewed a Fourth District decision regarding whether the appellate public defender's certification of a conflict of interest automatically transfers representation to the Regional Conflict Counsel (RCC) without court review. The Court held that courts m
• State v. Larzelere
  979 So. 2d 195· Fla.· 2008-02-28 ·cited 42×
  Virginia Larzelere was convicted of murdering her husband and sentenced to death. The Florida Supreme Court affirmed the denial of her motion to vacate her conviction but affirmed the trial court's grant of a new sentencing proceeding, finding that her trial counsel provided inef
• Derrick v. State
  983 So. 2d 443· Fla.· 2008-02-07 ·cited 42×
  Samuel Jason Derrick was convicted of first-degree murder and sentenced to death for the 1987 killing of Rama Sharma. In this postconviction proceeding, the Florida Supreme Court affirmed the denial of Derrick's rule 3.850 motion for postconviction relief and rejected his petitio
• Braddy Williams v. State
  919 So. 2d 645· Fla. 4th DCA· 2006-01-25 ·cited 42×
  A trial court need not hold an evidentiary hearing on a motion to withdraw a guilty plea when the defendant's allegation of coercion is conclusively refuted by the record of the plea colloquy.
• Oruga Corp., Inc. v. AT&T Wireless OF Fla., Inc.
  712 So. 2d 1141· Fla. 3d DCA· 1998-06-10 ·cited 42×
  Oruga Corporation challenges whether Florida's offer of judgment statute (section 768.79) applies to class action suits and whether attorney's fees for litigating the amount of fees should be recoverable. The court holds that section 768.79 applies to all civil actions including
• Lowry v. Bankers Life & Cas. Ret. Plan
  871 F.2d 522· 5th Cir.· 1989-04-28 ·cited 42×
  The court held that because the plan instruments grant the plan committee discretionary authority to interpret the plan and determine eligibility, an abuse of discretion standard of review applies, not de novo review.
• Northern J. Calloway v. The Marvel Ent. Grp.
  854 F.2d 1452· 2d Cir.· 1988-08-12 ·cited 42×
  The court held that sanctions under Rule 11 were properly imposed on an attorney and his firm for pursuing a baseless claim, but sanctions under 28 U.S.C. § 1927 were reversed. The court also reinstated the client's appeal regarding Rule 11 sanctions.
• United States v. Ellison
  835 F.2d 687· 7th Cir.· 1987-12-08 ·cited 42×·via Conflict Of Interest (Attorney)
  A defendant's sworn statements during a Rule 11 colloquy, establishing a knowing and voluntary guilty plea, are binding and control their fate, even if they later claim subjective intent to withdraw.
• United Steelworkers OF Am. Local 1913 and/or Sam Godich v. Union R.R. Co.
  648 F.2d 905· 3d Cir.· 1981-05-06 ·cited 42×
  The court held that the district court's order setting aside the Board's findings and ordering new hearings was an appealable final order, but that the Board's findings were conclusive and should not have been set aside.
• United States v. Donahue
  560 F.2d 1039· 1st Cir.· 1977-09-06 ·cited 42×
  The court held that the defendants were not adequately informed of the risks of joint representation by partners in the same law firm, and the government failed to demonstrate the improbability of prejudice.
• Kearney & Trecker Corp. v. Giddings & Lewis, Inc.
  452 F.2d 579· 7th Cir.· 1971-10-28 ·cited 42×
  The dissenting judge believes the district court's decision should be affirmed, arguing that subsequent misconduct should not retroactively invalidate patent claims that were validly obtained.
• Walker v. United States
  422 F.2d 374· 3d Cir.· 1970-03-03 ·cited 42×
  A guilty plea is valid even with joint counsel if no conflict of interest or prejudice is shown, and the defendant does not object.
• Duran v. United States
  413 F.2d 596· 9th Cir.· 1969-06-12 ·cited 42×
  The court held that the defendants' claims of illegal search and seizure, ineffective assistance of counsel, judicial misconduct, and insufficient evidence were without merit, affirming their convictions.
• Schauer v. City OF Miami Beach
  112 So. 2d 838· Fla.· 1959-05-08 ·cited 42×
  The Florida Supreme Court held that courts may not inquire into the motives of municipal legislators in enacting ordinances, even when a councilman stands to gain financially from the legislation. The court discharged the petition for certiorari, finding no actual conflict with p
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Lowen v. Tower Asset Mgmt., Inc.
  829 F.2d 1209· 2d Cir.· 1987-09-17 ·cited 41×
  The court held that investments of ERISA plan assets in companies where defendants had an interest, and from which defendants received fees, violated ERISA's prohibited transaction provisions. It affirmed summary judgment against the defendants.
• In re Chicken Antitrust Litig. Am. Poultry
  669 F.2d 228· 5th Cir.· 1982-03-01 ·cited 41×
  The court held that the interclass allocation of the settlement proceeds was fair, adequate, and reasonable, despite claims of attorney conflicts of interest and the inclusion of indirect purchasers.
• United States v. Birdman
  602 F.2d 547· 3d Cir.· 1979-06-25 ·cited 41×
  The court held that a government attorney serving as both prosecutor and witness before a grand jury, while professionally improper, does not warrant dismissal of the indictment absent actual prejudice to the defendant or a constitutional violation.
• Brennan's, Inc. v. Brennan's Rests., Inc.
  590 F.2d 168· 5th Cir.· 1979-02-26 ·cited 41×
  The court affirmed the disqualification of attorney Wegmann due to a conflict of interest and the appearance of impropriety, but vacated the disqualification of co-counsel Sprung pending further findings on the nature of the prior representation.
• Wilson P. Abraham Constr. Corp. v. Armco Steel Corp.
  559 F.2d 250· 5th Cir.· 1977-09-14 ·cited 41×
  The court held that an attorney may be disqualified from representing a client if they received confidential information during a joint defense with co-defendants of a former client, provided the current case is substantially related to the prior matters and confidential exchange
• Fulton Nat'l Bank v. Mrs. Lucille M. Tate
  363 F.2d 562· 5th Cir.· 1966-07-14 ·cited 41×
• Ingber v. Enzor
  841 F.2d 450· 2d Cir.· 1988-03-01 ·cited 40×
  The court held that the McNally decision, limiting mail fraud to property rights, applies retroactively to convictions based on intangible rights, requiring vacatur of a conviction based on a general verdict where one theory was impermissible.
• United States v. Paone
  782 F.2d 386· 2d Cir.· 1986-02-05 ·cited 40×
  The court held that the admission of co-conspirators' statements did not violate the Federal Rules of Evidence or the Sixth Amendment confrontation clause, that appellant Marotta was not denied conflict-free counsel, that New York's corroboration of accomplice testimony requireme
• United States v. Kitchin
  592 F.2d 900· 5th Cir.· 1979-04-09 ·cited 40×
  The court held that a former prosecutor's association with a defense attorney creates a conflict of interest requiring disqualification of the entire firm, even if no confidential information was shared, to maintain public trust in the judicial process.
• United States v. Mari
  526 F.2d 117· 2d Cir.· 1975-11-25 ·cited 40×
  The court held that the defendant's guilty plea was voluntary and that there was no denial of effective assistance of counsel due to joint representation, as no specific prejudice was shown.
• Varhola v. DOE
  820 F.2d 809· 6th Cir.· 1987-06-22 ·cited 39×
  The court held that the 'arbitrary and capricious' standard of review applies to ERISA plan administrator decisions denying benefits, and that factual issues regarding whether the plan administrator acted arbitrarily and capriciously in denying 'shutdown pensions' require remand.
• In re AOV Indus., Inc.
  792 F.2d 1140· D.C. Cir.· 1986-06-06 ·cited 39×
  The court held that Hawley was subjected to unequal treatment in violation of 11 U.S.C. § 1123(a)(4) by the bankruptcy plan. The dissenting judge would affirm the district court's judgment outright.
• United States v. Mouzin
  785 F.2d 682· 9th Cir.· 1986-03-18 ·cited 39×
  A criminal defendant's Sixth Amendment right to counsel and Due Process rights are violated when their attorney is disbarred and fails to inform the client or the court of this fact, and the defendant is denied presence at an in camera discussion of the matter.
• United States v. Curcio
  680 F.2d 881· 2d Cir.· 1982-05-26 ·cited 39×
  The court held that the defendants were not given an adequate opportunity to make a knowing and intelligent waiver of their right to conflict-free representation, vacating the disqualification order.
• United States v. Benavidez
  664 F.2d 1255· 5th Cir.· 1982-01-04 ·cited 39×·via Actual Conflict Of Interest
  The court held that a trial court's failure to fully comply with Rule 44(c) is not reversible error unless the defendant demonstrates an actual conflict of interest that adversely affected counsel's performance. The court also held that the trial court did not err in limiting cro
• Plante v. Smathers
  372 So. 2d 933· Fla.· 1979-06-21 ·cited 39×
  The Florida Supreme Court held that Article II, Section 8 of the Florida Constitution (the 'Sunshine Amendment') requires all candidates for elected constitutional office to file full and public financial disclosure at the time they qualify, regardless of whether they qualify bef
• United States v. Burkeen
  355 F.2d 241· 6th Cir.· 1966-01-31 ·cited 39×
  The court held that the district judge did not err in appointing the same counsel for both defendants, finding no conflict of interest or prejudice to either defendant, and that one defendant's choice to represent himself was a deliberate waiver of counsel.
• Larson & Larson, P.A. v. TSE Indus., Inc.
  22 So. 3d 36· Fla.· 2009-11-05 ·cited 38×·via Conflict Of Interest In Legal Representation
  The Florida Supreme Court resolved a conflict between district courts regarding when the statute of limitations begins to run on legal malpractice claims in litigation. The court held that malpractice claims based on an underlying judgment accrue when that judgment becomes final,
• Creola Wheeler v. Heckler
  787 F.2d 101· 3d Cir.· 1986-03-27 ·cited 38×
  The Social Security Administration's practice of calculating attorney fees based on retroactive Social Security Disability Insurance (SSDI) benefits after applying an offset for Supplemental Security Income (SSI) benefits is permissible and consistent with statutory intent.
• United States v. Howton
  688 F.2d 272· 5th Cir.· 1982-09-17 ·cited 38×·via Conflict Of Interest In Legal Representation
  The court held that the defendants knowingly and voluntarily waived their right to conflict-free counsel and that the trial court did not err in its rulings regarding the production of a witness report or the admission of evidence concerning a murder.
• In re Federal Skywalk Cases. In re Melanie Hanson Johnson and Gerard Stanley Johnson
  680 F.2d 1175· 8th Cir.· 1982-06-07 ·cited 38×
  The court held that a mandatory class action, if modified to permit settlement of punitive damages claims and provide credit for such settlements, would not violate the Anti-Injunction Act and could be properly certified under Rule 23.
• United States v. Alexandro
  675 F.2d 34· 2d Cir.· 1982-03-18 ·cited 38×
  The court held that the government's involvement in the Abscam sting operation did not rise to the level of outrageous conduct violating due process, and the convictions for bribery and conflict of interest were proper.
• Minda Satterwhite v. City OF Greenville
  634 F.2d 231· 5th Cir.· 1981-01-15 ·cited 38×
  The court held that the record was insufficient to determine if a live case or controversy existed, remanding to the district court for further proceedings.
• United States v. Martorano
  620 F.2d 912· 1st Cir.· 1980-05-12 ·cited 38×
  The court held that the government met its burden of proving no prejudice resulted from the failure to conduct a proper inquiry into joint representation, and affirmed the district court's denial of a new trial.
• Indep. Bankers Ass'n of Am. v. Heimann
  613 F.2d 1164· D.C. Cir.· 1979-12-28 ·cited 38×
  The Comptroller's regulation prohibiting national bank insiders from personally benefiting from credit life insurance income is authorized by law and is neither arbitrary nor capricious.
• United States v. Lawriw
  568 F.2d 98· 8th Cir.· 1977-12-30 ·cited 38×
  The court held that the district court's inquiry into the potential conflict of interest arising from joint representation was sufficient to establish a knowing and intelligent waiver of the right to separate counsel.
• Application of Larry Buffalo Chief v. State OF S.D. & Don R. Erickson
  425 F.2d 271· 8th Cir.· 1970-04-30 ·cited 38×
  The court held that the issue of whether a conflict of interest arose during trial, depriving the petitioner of effective counsel, had not been fully and fairly presented to the South Dakota courts and therefore remanded for further proceedings in the state court.
• Glavin v. United States
  396 F.2d 725· 9th Cir.· 1968-06-07 ·cited 38×
  The court held that the trial court did not err in denying the motion to withdraw counsel, denying the motion to suppress evidence, admitting documents, or in its jury instructions regarding possession of recently stolen property.
• Brown v. Vt. Mut. Ins. Co.
  614 So. 2d 574· Fla. 1st DCA· 1993-02-12 ·cited 37×
  Attorney Evans appealed the trial court's denial of his motion for attorney's fees and costs after his clients' insurance dispute with Vermont Mutual was settled without his knowledge. The court held that an insurer cannot avoid statutory attorney's fees by settling directly with
• Brown v. State
  596 So. 2d 1026· Fla.· 1992-03-05 ·cited 37×
  Larry Donnell Brown, a death row inmate, appealed the trial court's summary denial of his first rule 3.850 motion to vacate his murder conviction and death sentence. The Florida Supreme Court reversed in part, finding that Brown was entitled to evidentiary hearings on his claims
• Simmons v. A.L. Lockhart
  915 F.2d 372· 8th Cir.· 1990-09-27 ·cited 37×
  The court held that while ineffective assistance of post-conviction counsel can excuse procedural defaults, the petitioner failed to demonstrate an actual adverse effect on his defense from his trial counsel's alleged conflict of interest, thus his claim of ineffective assistance
• Kunin v. Benefit Tr. Life Ins. Co.
  910 F.2d 534· 9th Cir.· 1990-03-21 ·cited 37×
  The court held that the denial of benefits for autism treatment was arbitrary and capricious because the insurer's investigation was inadequate and the policy's term 'mental illness' was ambiguous, requiring construction in favor of the insured.
• Caleffe v. Judge Linda L. Vitale
  488 So. 2d 627· Fla. 4th DCA· 1986-05-14 ·cited 37×
  A petitioner sought to disqualify a trial judge from presiding over post-dissolution proceedings because the opposing party's attorney was co-chairing the judge's reelection campaign. The Florida District Court of Appeal granted the petition, holding that the facts alleged establ
• Oliver v. Louie L. Wainwright
  782 F.2d 1521· 11th Cir.· 1986-02-24 ·cited 37×
  The court held that the joint representation of co-defendants did not create an actual conflict of interest that adversely affected counsel's performance, as the alternative defense theory was not plausible based on the evidence.
• Buenoano v. Dugger
  559 So. 2d 1116· Fla.· 1990-04-05 ·cited 36×
  Judy Buenoano, under a death sentence for murder, petitioned for habeas corpus relief and appealed the denial of her rule 3.850 motion for postconviction relief. The Florida Supreme Court rejected all twenty-one claims, including procedurally barred issues and ineffective assista