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. Ellison
  798 F.2d 1102· 7th Cir.· 1986-08-21 ·cited 36×
  The court held that a defendant is entitled to a new hearing on a motion to withdraw guilty pleas when their counsel operates under an actual conflict of interest that adversely affects their performance.
• Stevenson v. Lanson Newsome
  774 F.2d 1558· 11th Cir.· 1985-11-04 ·cited 36×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either due to a conflict of interest or the attorney's failure to object to evidence, as required for habeas corpus relief.
• United States v. Associated Convalescent Enters., Inc.
  766 F.2d 1342· 9th Cir.· 1985-07-23 ·cited 36×
  The court held that an attorney who fails to disclose a potential conflict of interest, leading to trial delay and disqualification, can be sanctioned under 28 U.S.C. § 1927 for multiplying proceedings unreasonably and vexatiously.
• Weston v. U.S. Dep't OF Hous. & Urban Dev.
  724 F.2d 943· Fed. Cir.· 1983-12-30 ·cited 36×
  An employee removed for refusing to cooperate in an agency investigation, even on the advice of counsel, cannot use that advice to mitigate the penalty if the agency properly informed the employee of their rights under the Garrity rule.
• United States v. Winkle
  722 F.2d 605· 10th Cir.· 1983-12-05 ·cited 36×
  The court held that a potential conflict of interest existed when defense counsel had previously represented a key government witness, requiring a remand for the trial court to determine if the conflict adversely affected counsel's performance and if it was waived.
• United States v. Elrod
  716 F.2d 431· 7th Cir.· 1983-08-19 ·cited 36×
  The court held that the trial court's explanation of potential conflicts of interest and the petitioner's affirmative response constituted a knowing and intelligent waiver of his Sixth Amendment right to counsel free from such conflicts.
• United States v. Arvey Hawy Lyons and Vickie Elaine Lyons
  703 F.2d 815· 5th Cir.· 1983-04-14 ·cited 36×·via Actual Conflict Of Interest
  The court held that a mistrial was not required when a witness invoked the Fifth Amendment after partial direct testimony, as the testimony was cumulative and the jury was instructed to disregard it. The court also held that a failure to hold a Rule 44(c) hearing on joint represe
• Brien v. United States
  695 F.2d 10· 1st Cir.· 1982-12-08 ·cited 36×
  The court held that the petitioner failed to demonstrate an actual conflict of interest that adversely affected his lawyer's performance, and therefore, his Sixth Amendment claim for ineffective assistance of counsel was denied.
• Vernal Amtri Turnquest v. Louie L. Wainwright
  651 F.2d 331· 5th Cir.· 1981-07-20 ·cited 36×
  The court held that joint representation of codefendants by the same attorney, where one defendant could gain by evidence damaging to the other, constitutes an actual conflict of interest, violating the Sixth Amendment right to effective assistance of counsel.
• Vagner v. Louie L. Wainwright
  398 So. 2d 448· Fla.· 1981-05-07 ·cited 36×
  The Florida Supreme Court held that ineffective assistance claims based on inadequacy or incompetence of retained counsel are cognizable grounds for challenging convictions, overruling prior precedent that had barred such claims. The court rejected distinctions between retained a
• United States v. Lutz
  621 F.2d 940· 9th Cir.· 1980-05-09 ·cited 36×
  The court held that the evidence supported a finding of a single fraudulent scheme, the admission of prior bad acts evidence was proper, and any errors were harmless.
• In re Multi-Piece Rim Prods. Liab. Litig. Firestone Tire & Rubber Co. v. Risjord
  612 F.2d 377· 8th Cir.· 1980-01-07 ·cited 36×
  Orders denying motions to disqualify counsel are generally not appealable under the collateral order doctrine, except in exceptional cases of irreparable harm.
• Pierce v. Cap. Cities Commc'ns, Inc.
  576 F.2d 495· 3d Cir.· 1978-04-12 ·cited 36×
  The court held that the television broadcast was not actionable defamation under Pennsylvania law and was also protected by the First Amendment's actual malice standard, even if it contained minor inaccuracies or implied conflicts of interest.
• Titan Grp., Inc. v. Faggen
  513 F.2d 234· 2d Cir.· 1975-04-01 ·cited 36×
  The court held that reliance is still a required element in Rule 10b-5 actions, even in cases of alleged omissions, and that the trial court's findings of no material misrepresentation or omission were not clearly erroneous.
• United States v. Frame
  454 F.2d 1136· 9th Cir.· 1972-01-20 ·cited 36×
• Ill. State Journal-Register, Inc. v. Nat'l Labor Relations Bd.
  412 F.2d 37· 7th Cir.· 1969-06-10 ·cited 36×
  The court held that the district managers were employees within the meaning of the Act and constituted an appropriate bargaining unit, and that the Board's order was valid. The court also held that the definition of 'employee' in Section 2(3) informs the definition of 'supervisor
• United States v. Goldberg
  401 F.2d 644· 2d Cir.· 1968-09-19 ·cited 36×
  The court held that the evidence was sufficient to support convictions for conspiracy and mail fraud, but reversed Scheftel's conviction due to the statute of limitations.
• Juvera v. United States
  378 F.2d 433· 9th Cir.· 1967-05-09 ·cited 36×
  The court held that the evidence was sufficient to support the jury's verdict of guilty for importing and concealing heroin, and that joint representation by counsel did not constitute ineffective assistance of counsel absent a showing of conflict of interest.
• Nathalie L. Dupont v. S. Pac. Co.
  366 F.2d 193· 5th Cir.· 1966-09-21 ·cited 36×
  The court held that the trial court's consolidation of cases did not prejudice the substantial rights of the driver's survivors, nor was the appointment of lead counsel an abuse of discretion.
• Phelan v. Middle States OIL Corp.
  154 F.2d 978· 2d Cir.· 1946-03-21 ·cited 36×
  The court held that the appellants, as executors of a bondholder, lacked standing to object to the receivers' final accounting because the alleged tort claim for misrepresentation did not pass to the bondholder upon purchase.
• Rimmer v. State
  59 So. 3d 763· Fla.· 2010-12-16 ·cited 35×
  Robert Rimmer appeals the circuit court's denial of postconviction relief and petitions for habeas corpus following his conviction and death sentence for two murders during an armed robbery. The Florida Supreme Court affirms the denial of postconviction relief and denies the habe
• In re Est. OF Richard C. Catapane v. Catapane
  759 So. 2d 9· Fla. 4th DCA· 2000-03-08 ·cited 35×
  In a wrongful death case arising from an automobile accident, the court addressed the allocation of attorney's fees between counsel for the personal representative and counsel for a minor survivor when limited insurance coverage required separate representation due to conflicting
• United States v. Frye
  738 F.2d 196· 7th Cir.· 1984-06-21 ·cited 35×
  The court held that the district court erred in dismissing the defendant's motion to vacate her conviction without an evidentiary hearing, as the defendant's allegations regarding ineffective assistance of counsel and lack of understanding of the intent element warranted further
• United States v. Weiss
  599 F.2d 730· 5th Cir.· 1979-07-30 ·cited 35×
  The court held that while the government attorney's advice to a defendant regarding his choice of counsel was improper, it did not constitute reversible error in this specific case.
• United States v. Levy
  577 F.2d 200· 3d Cir.· 1978-05-03 ·cited 35×
  The court held that the district court erred in weighing prejudice from the government's intrusion into the attorney-client relationship, and that such an intrusion, when confidential information is disclosed, requires reversal without a showing of actual prejudice.
• Bell Aerospace Co. Div. OF Textron Inc. v. Nat'l Labor Relations Bd.
  475 F.2d 485· 2d Cir.· 1973-02-28 ·cited 35×
  The court held that the National Labor Relations Board (NLRB) erred by changing its long-standing interpretation of "managerial employees" in an adjudicatory proceeding rather than through formal rulemaking, and that the Board's prior interpretation, consistent with congressional
• United States v. Rispo
  460 F.2d 965· 3d Cir.· 1972-05-19 ·cited 35×
  The court held that the government's failure to disclose that a co-defendant was a paid informant, which created a false impression for the jury, constituted a due process violation requiring a new trial.
• THE Florida BAR v. Reed
  644 So. 2d 1355· Fla.· 1994-10-06 ·cited 34×
  The Florida Bar disciplined attorney Yvonne E. Reed for ethical violations arising from her handling of a failed real estate transaction where she served multiple conflicting roles (realtor, attorney for buyers, and later property owner) and mishandled disputed funds. The Florida
• United States v. Canino
  949 F.2d 928· 7th Cir.· 1991-11-27 ·cited 34×
  The court affirmed the jury verdict, finding no reversible error in the prosecutorial misconduct claims, the severance of a co-defendant, or the prosecutor's closing argument remarks on double jeopardy.
• THE Florida BAR v. Seldin
  526 So. 2d 41· Fla.· 1988-05-12 ·cited 34×
  The Florida Bar disciplined attorney Keith Seldin for multiple ethical violations arising from his representation of an estate, including paying an unjustified $10,000 finder's fee to his then-fiancée, falsifying notarial acknowledgments, and maintaining conflicts of interest. Th
• Chapman v. Jorge Garcia, M.D.
  463 So. 2d 528· Fla. 3d DCA· 1985-02-12 ·cited 34×
  The court held that disqualifying plaintiffs' attorney and appointing a guardian ad litem was an improper departure from the essential requirements of law, as the attorney malpractice claim was premature and no adversity existed between the minor and parents.
• United States v. Cody
  722 F.2d 1052· 2d Cir.· 1983-11-28 ·cited 34×
  The court held that the conviction on Count II for receiving rent-free use of an apartment was reversed because the employer did not employ members of the union. However, convictions for receiving free chauffeuring services, tax evasion, and filing a false return were affirmed.
• United States v. Harris
  701 F.2d 1095· 4th Cir.· 1983-03-01 ·cited 34×
  The court held that inconsistent jury verdicts are permissible due to jury lenity, even within a single count of an indictment, and that the evidence was sufficient to support convictions for involuntary servitude and conspiracy resulting in death.
• Cutts v. Fowler
  692 F.2d 138· D.C. Cir.· 1982-10-29 ·cited 34×
  The court held that the district court has jurisdiction over constitutional claims related to personnel actions, but the appellant's claim that the anti-nepotism provision of the CSRA was unconstitutional as applied to her was meritless.
• Davis v. Stamler
  650 F.2d 477· 3d Cir.· 1981-04-14 ·cited 34×
  The court held that a federal court reviewing a state court's attorney disqualification in a § 1983 action must determine if the state court acted arbitrarily, infringing a constitutional right, rather than re-evaluating the disqualification itself.
• Magnolia Ross v. Heyne
  638 F.2d 979· 7th Cir.· 1980-12-10 ·cited 34×
  The court held that a defendant is denied due process when the state fails to correct false testimony, even if the defendant's counsel knew of the falsity and failed to correct it due to a conflict of interest. The court also held that the defendant was denied effective assistanc
• Rice v. The Rice Found.
  610 F.2d 471· 7th Cir.· 1979-12-04 ·cited 34×
  The court vacated the district court's disqualification order and remanded for reconsideration of subject matter jurisdiction and the impact of a recent state court decision on the disqualification issue.
• Burston v. Caldwell
  506 F.2d 24· 5th Cir.· 1975-01-06 ·cited 34×
• Gallagher v. The United States
  423 F.2d 1371· Ct. Cl.· 1970-04-17 ·cited 34×
  The court held that the court-martial had jurisdiction over the offense committed in a foreign country and that the plaintiff was not denied his constitutional right to representation by counsel, as any alleged conflict of interest did not rise to a constitutional level.
• Dunbar v. State
  214 So. 2d 52· Fla. 2d DCA· 1968-09-18 ·cited 34×
  Michael Dunbar appeals his 1965 robbery conviction, challenging the joint representation of himself and a co-defendant by appointed counsel based on the Florida Supreme Court's later decision in Baker v. State (1967) that such joint representation violates the Sixth and Fourteent
• Marxuach v. United States
  398 F.2d 548· 1st Cir.· 1968-07-11 ·cited 34×
  The court held that the defendant was not deprived of effective assistance of counsel and that various trial errors, including prosecutorial remarks and pretrial publicity, did not constitute prejudicial error.
• Alphonso Morgan v. United States
  396 F.2d 110· 2d Cir.· 1968-05-21 ·cited 34×
  The court held that a hearing is required to determine if the defendant was deprived of effective assistance of counsel due to a conflict of interest arising from his court-appointed attorney also representing a co-defendant.
• Chugach Elec. Ass'n v. United States Dist. Court FOR the Dist. OF Alaska AT Anchorage & the Honorable Raymond E. Plummer
  370 F.2d 441· 9th Cir.· 1966-12-22 ·cited 34×
  An attorney must be disqualified if there is a likelihood that their knowledge of private matters gained in confidence would provide insight into subsequent events relevant to an antitrust case, even if actual conflict is not clearly established.
• Birchfield v. United States
  296 F.2d 120· 5th Cir.· 1961-11-17 ·cited 34×
  The court held that habeas corpus was not the proper remedy for the petitioner's claims regarding counsel's alleged conflict of interest, as a motion under 28 U.S.C.A. § 2255 was available and adequate.
• Lolita Lebron v. United States
  229 F.2d 16· D.C. Cir.· 1955-10-13 ·cited 34×
  The court held that the trial court did not err in denying a motion for psychiatric examination due to its untimeliness and vagueness, nor in refusing to submit the issue of sanity to the jury when the defense did not rely on it and evidence was insufficient. The court also found
• Thomas v. Attorney Gen., State of Fla.
  992 F.3d 1162· 11th Cir.· 2021-03-31 ·cited 33×
  William Greg Thomas, a Florida death row inmate, challenged the timeliness of his federal habeas petition, which was filed nearly nine months after AEDPA's one-year deadline expired because his appointed counsel, Mary Catherine Bonner, deliberately delayed filing to use his case
• Salazar v. State
  188 So. 3d 799· Fla.· 2016-02-18 ·cited 33×·via Actual Conflict Of Interest
  Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
• Anheuser-Busch Cos., Inc. v. Staples
  125 So. 3d 309· Fla. 1st DCA· 2013-10-09 ·cited 33×
  Anheuser-Busch Companies challenged a trial court order disqualifying their law firm that represented both the defendants in a negligence suit and the plaintiff's employer regarding its workers' compensation lien. The Florida District Court of Appeal upheld the disqualification,
• Analytica v. NPD Research, Inc.
  708 F.2d 1263· 7th Cir.· 1988-05-31 ·cited 33×
  A law firm that represented a corporation and its co-owners in a stock transaction is disqualified from later representing a competitor of that corporation in an antitrust suit, as the matters are substantially related and the firm switched sides.
• Washington v. State
  419 So. 2d 1100· Fla. 3d DCA· 1982-07-13 ·cited 33×·via Actual Conflict Of Interest
  Two defendants jointly represented by a single court-appointed attorney challenged their robbery convictions on the grounds of ineffective assistance due to conflict of interest. The court affirmed, holding that joint representation is not per se unconstitutional and that no actu