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

• Sec. & Exch. Comm'n v. Wash. Cnty. Util. Dist.
  676 F.2d 218· 6th Cir.· 1982-04-23 ·cited 33×
  The court held that the district court erred in narrowly interpreting securities law liability and failing to consider Patrick's potential liability for aiding and abetting securities law violations through undisclosed kickbacks.
• United States v. Greger
  657 F.2d 1109· 9th Cir.· 1981-10-01 ·cited 33×
  A pre-indictment, pre-trial order disqualifying defense counsel in a criminal case is not immediately appealable under 28 U.S.C. § 1291, nor does it warrant a writ of mandamus.
• Cossette v. Country Style Donuts, Inc.
  647 F.2d 526· 5th Cir.· 1981-06-08 ·cited 33×
  The district court's finding that the law firm's representation of Country Style Donuts created an appearance of impropriety was not clearly erroneous, and disqualification was warranted.
• United States v. Rad-O-Lite OF Philadelphia, Inc.
  612 F.2d 740· 3d Cir.· 1979-12-28 ·cited 33×·via Conflict Of Interest In Legal Representation
  The Sixth Amendment right to effective assistance of counsel applies to corporate defendants, but the objection must be preserved in the district court. A motion to strike an alias from an indictment is untimely if not raised before trial without good cause.
• Turner v. State
  340 So. 2d 132· Fla. 2d DCA· 1976-12-17 ·cited 33×
  Turner was charged with burglary along with two codefendants and was assigned public defender representation. When the public defender's office discovered a conflict of interest between Turner and a codefendant, the trial court denied the motion to withdraw, allowing separate att
• Mason v. State OF Ariz.
  504 F.2d 1345· 9th Cir.· 1974-10-03 ·cited 33×
  The court held that the denial of investigative funds did not violate due process or equal protection because the defendant failed to demonstrate substantial prejudice by clear and convincing evidence.
• The Babcock & Wilcox Co. v. Parsons Corp.
  430 F.2d 531· 8th Cir.· 1970-08-11 ·cited 33×
  An insurer has a duty to defend an insured when the plaintiff's complaint alleges facts that potentially fall within the policy's coverage, even if other claims in the complaint are excluded. The duty to defend extends until the claim is clearly outside the policy's coverage.
• Martin v. United States
  256 F.2d 345· 5th Cir.· 1958-06-18 ·cited 33×
  The court held that a guilty plea is voluntary if made with understanding of charges and competent counsel's advice, even if induced by dismissal of a capital count.
• Smith v. Lanson Newsome and Michael Bowers
  876 F.2d 1461· 11th Cir.· 1989-06-19 ·cited 32×
  The court held that the trial court did not err in its handling of potential conflicts of interest regarding joint representation and that faulty jury instructions on intent were harmless error given the facts of the case.
• United States v. Wheat
  813 F.2d 1399· 9th Cir.· 1987-04-02 ·cited 32×
  The court held that the trial court did not abuse its discretion in denying a motion to substitute counsel due to potential conflicts of interest, even with a waiver, and that the defendant's absence from an ex parte conference with his attorney was harmless error.
• McMAHON v. Putnam B. McDOWELL
  794 F.2d 100· 3d Cir.· 1986-06-24 ·cited 32×
  State law claims for pension contributions and fringe benefits are preempted by ERISA, and a waiver of minimum funding standards under ERISA excuses the employer from making current contributions.
• Keylik v. Goldstein
  724 F.2d 844· 1st Cir.· 1984-01-11 ·cited 32×
  The court held that an attorney's prior consultation with a potential witness, even if brief and followed by withdrawal, can create a conflict of interest warranting disqualification if the matters are substantially related to the current litigation, and that opposing counsel has
• Brown v. Gen. Motors Corp.
  722 F.2d 1009· 2d Cir.· 1983-11-04 ·cited 32×
  The court held that a former attorney lacks standing to apply for attorney's fees under 42 U.S.C. § 1988, and that a general release in a settlement agreement, coupled with dismissal without costs, bars claims for attorney's fees.
• Raulerson v. State
  420 So. 2d 567· Fla.· 1982-08-26 ·cited 32×
  James David Raulerson was convicted of first-degree murder and sentenced to death. After a federal habeas corpus petition succeeded, requiring a new sentencing hearing, Raulerson appealed the trial court's denial of his Rule 3.850 post-conviction motion and his death sentence. Th
• United States v. Soc'y OF Indep. Gasoline Marketers OF Am.
  624 F.2d 461· 4th Cir.· 1979-12-26 ·cited 32×
  The court did not explicitly state a holding in this concurring opinion, but implied agreement with the majority's decision.
• United States v. Risi
  603 F.2d 1193· 5th Cir.· 1979-10-05 ·cited 32×·via Actual Conflict Of Interest
  The court held that joint representation did not create an actual conflict of interest, the prosecutor's remark was not reversible error, and the firearm possession was sufficiently proven as unlawful under state law.
• Merrill Lynch v. Goldman
  593 F.2d 129· 8th Cir.· 1979-03-14 ·cited 32×
  The court affirmed the district court's judgment, holding that the appellant failed to prove fraud or violations of the Commodities Exchange Act, and that alleged violations of exchange rules did not independently create liability without fraud.
• United States v. Kutas
  542 F.2d 527· 9th Cir.· 1976-09-27 ·cited 32×
  The court held that the evidence was sufficient to support the conviction and that the appellant failed to demonstrate prejudice from joint representation, thus affirming the conviction and denial of a new trial.
• United States v. Mandell
  525 F.2d 671· 7th Cir.· 1975-07-30 ·cited 32×
  The court held that joint representation by a single attorney, while potentially problematic, does not automatically violate the Sixth Amendment if no actual conflict of interest is demonstrated. Furthermore, limitations on cross-examination and the elicitation of a defendant's p
• Am. Bancorporation, Inc. v. The Bd. OF Governors OF the Fed. Reserve Sys.
  509 F.2d 29· 8th Cir.· 1974-12-30 ·cited 32×
  The court held that the Board's amendment to its regulation was interpretative and did not require notice and hearing under the APA, but that the Board erred in denying petitioners a formal trial-type hearing on adjudicative facts concerning potential conflicts of interest and op
• Cleveland Chouest v. A & P Boat Rentals, Inc.
  472 F.2d 1026· 5th Cir.· 1973-01-24 ·cited 32×
  An employer-intervenor who benefits from a plaintiff's recovery against a shipowner must compensate the plaintiff's lawyer for their efforts if the intervenor's counsel acts adversely to the plaintiff's cause.
• Fryar v. United States
  404 F.2d 1071· 10th Cir.· 1968-12-26 ·cited 32×
  Joint representation of co-defendants does not violate the Sixth Amendment unless an actual conflict of interest or prejudice results.
• Dabney v. Chase Nat. Bank of City of N.Y.
  196 F.2d 668· 2d Cir.· 1952-04-30 ·cited 32×
  A corporate trustee's duty of loyalty is paramount and can be breached by collecting a personal claim against a debtor when the debtor's solvency is uncertain, even if the collection does not result in actual harm or profit. However, a trustee is not liable for potential conflict
• Aldred INV. Tr. v. Sec. & Exch. Comm'n
  151 F.2d 254· 1st Cir.· 1945-09-17 ·cited 32×
  The court held that the officers and trustees of the Aldred Investment Trust engaged in gross abuse of trust by managing the trust for personal gain rather than the interest of debenture holders, and that the appointment of receivers was a proper exercise of the court's equity po
• United States v. Mavrick
  601 F.2d 921· 7th Cir.· 1979-06-29 ·cited 31×
  The court held that the defendant's conviction for possessing stolen goods was valid because the statute does not require proof of intent to convert, and the defendant's claim of ineffective assistance of counsel due to joint representation failed as no actual conflict of interes
• Fields v. United States
  408 F.2d 885· 5th Cir.· 1969-03-18 ·cited 31×
  The court held that the trial court did not commit plain error by failing to order a severance, nor was the indictment duplicitous, and the appellant was not denied effective assistance of counsel.
• United States v. Grover Cleveland Barnes
  909 F.2d 1059· 7th Cir.· 1990-08-09 ·cited 30×
  The court affirmed the conviction, holding that the Speedy Trial Act was not violated, the defendant was not deprived of effective assistance of counsel, the seized revolver was admissible, the search warrant was supported by probable cause, and the notebook was properly admitted
• Frank v. Colt Indus., Inc.
  910 F.2d 90· 3d Cir.· 1990-08-06 ·cited 30×
  The court held that the employer's creation of 'Continuance Bonuses' did not supplant employees' rights to previously established severance pay under ERISA, and the employer waived its argument that severance pay could be denied at its discretion.
• United States v. Acevedo
  891 F.2d 607· 7th Cir.· 1989-08-14 ·cited 30×·via Actual Conflict Of Interest
  The court held that the defendant failed to demonstrate an actual conflict of interest adversely affecting her attorney's performance, and that the jury instruction regarding a 'measurable amount' of cocaine was proper.
• United States v. Colonia
  870 F.2d 1319· 7th Cir.· 1989-03-23 ·cited 30×
  The court held that the defendants' arrests and searches were based on probable cause, their consent to search was voluntary, and their convictions were not affected by minor discrepancies in the indictment language or potential attorney conflicts of interest.
• United States v. Salerno
  868 F.2d 524· 2d Cir.· 1989-01-31 ·cited 30×
  The court's majority opinion affirmed RICO convictions, but the dissenting judge argued that the evidence was insufficient for loansharking conspiracy convictions and that RICO convictions should be overturned due to insufficient evidence and statute of limitations issues.
• Emerson W. Dunton, Jr. v. Cnty. OF Suffolk
  729 F.2d 903· 2d Cir.· 1984-02-28 ·cited 30×
  The court held that a conflict of interest arising from joint representation of a police officer and the municipality by the same county attorney prejudiced the officer, requiring a new trial. It also held that federal claims against Angela Pfeiffer were insubstantial, divesting
• Barham v. United States
  724 F.2d 1529· 11th Cir.· 1984-02-16 ·cited 30×·via Actual Conflict Of Interest
  The court held that the simultaneous representation of a defendant and a government witness by the same attorney does not constitute ineffective assistance of counsel unless an actual conflict of interest adversely affected the attorney's performance.
• United States v. Leonard Ray Blanton (81-5644)
  719 F.2d 815· 6th Cir.· 1983-09-28 ·cited 30×
  The dissenting judge believes the defendants were denied a fair and impartial trial due to inadequate voir dire examination, warranting a new trial.
• United States ex rel. Otis Williams & A. D. Clark v. Franzen
  687 F.2d 944· 7th Cir.· 1982-08-20 ·cited 30×
  The court held that a conflict of interest adversely affecting a lawyer's performance warrants habeas relief, even if the state court applied an improper prejudice standard or if a petitioner arguably waived the claim on appeal.
• United States v. Burroughs
  650 F.2d 595· 5th Cir.· 1981-07-13 ·cited 30×·via Actual Conflict Of Interest
  The court held that the district court did not err in denying the motion to vacate sentence without an evidentiary hearing, as the record conclusively established the appellant was entitled to no relief.
• Nat'l Labor Relations Bd. v. Pinkerton's, Inc.
  621 F.2d 1322· 6th Cir.· 1980-06-27 ·cited 30×
  The court held that the Board's order finding Pinkerton's Inc. in violation of the LMRA should not be enforced because the union was not properly certified, and the case must be remanded for an evidentiary hearing on alleged misrepresentations and ballot issues.
• Kidwell v. Penfold and Kenneth M. Cooper
  597 F.2d 1273· 9th Cir.· 1979-06-01 ·cited 30×
  The court held that the plaintiffs' claims, including federal securities law violations, common law fraud, and breach of trust, were properly dismissed on summary judgment due to insufficient evidence of material misrepresentation or omission.
• In re April 1977 Grand Jury Subpoenas. Gen. Motors Corp. v. United States
  584 F.2d 1366· 6th Cir.· 1978-09-07 ·cited 30×
  The court should exercise discretion to hear the appeal under 28 U.S.C. § 1292(b).
• Robbins v. State
  318 So. 2d 472· Fla. 4th DCA· 1975-09-12 ·cited 30×
  The court held that a probationer's inability to pay public defender fees, without proof of ability to pay, cannot be the sole basis for revocation. It also held that a public defender's office does not have a conflict of interest when representing a client for whom it is owed fe
• Fullmer v. Harper
  517 F.2d 20· 10th Cir.· 1975-05-06 ·cited 30×
  The court held that the trial court's order denying a motion to disqualify counsel was appealable as a final decision, but reversed due to an inadequate record.
• United States v. English
  501 F.2d 1254· 7th Cir.· 1974-08-16 ·cited 30×
  The court held that the defendants' convictions were valid, rejecting arguments regarding grand jury minutes, discovery delays, preliminary hearings, speedy trial, confession voluntariness, severance, and judicial bias.
• United States v. Pinc
  452 F.2d 507· 5th Cir.· 1971-12-09 ·cited 30×
  A defendant is denied effective assistance of counsel when the trial court requires counsel to represent co-defendants with conflicting interests and refuses to allow counsel to withdraw, thereby preventing counsel from effectively cross-examining witnesses or calling defense wit
• Kruchten v. Eyman
  406 F.2d 304· 9th Cir.· 1969-01-17 ·cited 30×
  The court held that the appellant did not receive ineffective assistance of counsel and was not denied due process, as the attorney acted in good faith and there was no actual conflict of interest.
• Harris v. Stephens
  361 F.2d 888· 8th Cir.· 1966-06-16 ·cited 30×
  The court held that the petitioners' convictions and death sentences for rape were constitutionally sound, rejecting claims of a hostile trial atmosphere, discriminatory jury selection, illegal arrest and search, denial of separate counsel, and cruel and unusual punishment.
• The Mut. Life Ins. Co. OF NEW York v. Bohlman
  328 F.2d 289· 10th Cir.· 1964-02-17 ·cited 30×
  The court held that the insured's material health changes and misrepresentations between application and policy delivery, coupled with the inapplicability of imputing the medical examiner's knowledge, warranted a directed verdict for the insurer.
• United States v. Valois
  915 F.3d 717· 11th Cir.· 2019-02-12 ·cited 29×·via Actual Conflict Of Interest
  The court affirmed convictions and sentences, finding no error in the district court's exercise of jurisdiction, denial of a mistrial, or handling of potential attorney conflicts of interest.
• THE Florida BAR v. Head
  27 So. 3d 1· Fla.· 2010-01-07 ·cited 29×
  The Florida Supreme Court reviewed a disciplinary case against attorney John Vernon Head for ethical violations arising from his representation of bankruptcy clients. The Court disapproved the referee's recommended 60-day suspension and imposed a one-year suspension, finding Head
• THE Florida BAR v. Herman
  8 So. 3d 1100· Fla.· 2009-02-19 ·cited 29×
  The Florida Supreme Court affirmed findings that attorney Jeffrey Marc Herman violated professional conduct rules by representing a client (Aero Controls) while simultaneously owning and operating a competing business (Nation Aviation) without disclosure or consent. The Court sus
• Applied Digit. Solutions, Inc. v. Hark Vasa
  941 So. 2d 404· Fla. 4th DCA· 2006-09-20 ·cited 29×
  Applied Digital Solutions sought to disqualify plaintiffs' counsel after he obtained the law firm file of counsel representing the acquired company in a merger. The court denied disqualification because the disclosure was inadvertent, Vasa was the individual with whom the attorne