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· 8/16/1988

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

Citations

  • 852 F.2d 148
  • 12 Fed. R. Serv. 3d 114
  • 1988 U.S. App. LEXIS 11136
  • 1988 WL 78532

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that sanctions are “meant to deter attorneys” and that a court can only impose “the least severe sanction adequate to serve th[at] purpose” (cleaned up) (emphasis omitted)
  • holding “[i]f Rule 11 did expand substantive rights, it would be invalid under {he Enabling Act” because Rule ll’s purpose is to regulate procedure rather than create a new substantive right or an independent cause of action
  • “Looking specifically at Rule 11, we find nothing that sets it apart from the other federal rules in any respect that would be deemed to confer new substantive rights.”
  • The rules of civil procedure “shall not abridge, enlarge or modify any ■ substantive rights_”
  • “[T]he rule’s primary purpose is to discourage groundless proceedings rather than to compensate wronged parties by means of affirmative relief.”
  • Rule 11 of the Federal Rules of Civil Procedure is not an independent cause of action

Source: CourtListener parenthetical corpus (CC0).

Judges: Politz, King, Smith

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.