Port Drum Company v. Walter Umphrey and Kurt B. Chacon
Court of Appeals for the Fifth Circuit
1Opinion of the Court
JERRY E. SMITH, Circuit Judge:
Port Drum Co. (“Port Drum”) filed this suit seeking damages and declaratory relief against Walter Umphrey and Kurt Cha-con, two attorneys who had maintained a wrongful death suit in federal court. Although Port Drum was never a party to that action, it asserts that federal law grants it a private cause of action to enforce Fed.R.Civ.P. 11. 1 Under Port Drum’s unique and imaginative theory, injured third parties derive from Rule 11 a private cause of action to enforce an attorney’s professional duties. For reasons stated for the most part in the district court’s…
2Cases cited10 opinions
- United States v. SherwoodSupreme Court of the United States · 1941
- Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
- Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
- Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
- Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946
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3Cited by49 opinions
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- Paul Handeen v. Gregory A. Lemaire Henry Lemaire Patricia Lemaire, Orlins & Brainerd Law Firm Richard K. Brainerd Peter I. OrlinsCourt of Appeals for the Eighth Circuit · 1997
- Montalvo v. SondesSupreme Court of Louisiana · 1994
- Nyer v. Winterthur InternationalCourt of Appeals for the First Circuit · 2002
- Lawson v. CallahanCourt of Appeals for the Fifth Circuit · 1997
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