Legal Opinion

Port Drum Company v. Walter Umphrey and Kurt B. Chacon

Court of Appeals for the Fifth Circuit

Decided August 16, 1988No. 88-2179PublishedCited by 49 opinions

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

  1. United States v. SherwoodSupreme Court of the United States · 1941
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Sibbach v. Wilson & Co.Supreme Court of the United States · 1941
  4. Patricia Thomas v. Capital Security Services, Inc.Court of Appeals for the Fifth Circuit · 1988
  5. Mississippi Publishing Corp. v. MurphreeSupreme Court of the United States · 1946

5 more not listed; retrieve them via the Exa API.

3Cited by49 opinions

  1. Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
  2. 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
  3. Montalvo v. SondesSupreme Court of Louisiana · 1994
  4. Nyer v. Winterthur InternationalCourt of Appeals for the First Circuit · 2002
  5. Lawson v. CallahanCourt of Appeals for the Fifth Circuit · 1997

44 more not listed; retrieve them via the Exa API.

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