Mako One Corporation, et al. v. Cedar Rapids Bank and Trust Company
AdministrativeLaw DueProcess Privacy
When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a 'structural error' and be required to reverse, remand, and restart all proceedings?
QUESTIONS PRESENTED 1. When a Circuit Court finds opposing counsel has an actual and serious conflict of interest in a civil case, should the Court view the conflict as a “structural error” and be required to reverse, remand, and restart all proceedings? The Circuits are widely split on the proper remedy when a conflict is found; cases from multiple Circuits are cited herein attempting to address this issue, and the decisions are about equally split on the proper remedy. Furthermore, there is little guidance on how federal courts should deal with conflict of interest issues in civil cases. 2. Is there a violation of constitutional due process if a Petitioner is not provided an opportunity to prove harm by way of an evidentiary hearing once a Circuit Court finds a conflict of interest by opposing counsel?