Legal Opinion

Ocean-Oil Expert Witness, Inc. v. Ashton O'Dwyer

Court of Appeals for the Fifth Circuit

Decided October 6, 2011No. 09-30829UnpublishedCited by 13 opinions

1Opinion of the Court

JERRY E. SMITH, Circuit Judge: *

Ashton O’Dwyer, pro se, appeals a default judgment granted to Ocean-Oil Expert Witness, Inc. (“Ocean-Oil”), after his answer was stricken as a contempt sanction. Because the use of inherent power was appropriate in light of O’Dwyer’s bad faith and wilful abuse of the judicial process, we affirm.

I

O’Dwyer was a New Orleans attorney who obtained the services of Hector Pazos, a marine engineer, in connection with claims his clients made relating to Hurricane Katrina. O’Dwyer was later suspended in disciplinary proceedings, presided over by United States District…

2Cases cited24 opinions

  1. Liteky v. United StatesSupreme Court of the United States · 1994
  2. United States v. Grinnell Corp.Supreme Court of the United States · 1966
  3. Hutto v. FinneySupreme Court of the United States · 1979
  4. Ungar v. SarafiteSupreme Court of the United States · 1964
  5. Offutt v. United StatesSupreme Court of the United States · 1954

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3Cited by13 opinions

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  3. Espinoza v. ChavarriaDistrict Court, W.D. Texas · 2022
  4. Frickey v. NelsonDistrict Court, E.D. Louisiana · 2024
  5. Preciado v. Recon Security Corp.District Court, W.D. Texas · 2025

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