At page 105 Affirming summary judgment on borrowed employee status20 citing casesaffirming summary judgment in favor of employer on the ground that employee was the employer’s borrowed employee, and therefore, the employer had tort immunity under the Act
- Int'l Ship Repair & Marine Servs., Inc. v. Aleman, 38 So. 3d 821 (Fla. 2d DCA 2010).published (affirming summary judgment in favor of employer on the ground that employee was the employer’s borrowed employee, and therefore, the employer had tort immunity under the Act)
- Antonio Lomeli v. Sw. Shipyard, L.P., 363 S.W.3d 681 (Tex. App.—Houston [1st Dist.] 2011).published (The service contract governing the relationship between Conoco and D & C provides that employees of D & C are not employees of Conoco.)
- In re Texas Petroleum Inv. Co., No. 2:23-cv-01931 (E.D. La. Sept. 6, 2024). Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993) (citing Brown v. Union Oil Co. of Cal., 984 F.2d 674 , 676 (5th Cir. 1993)).
- Rodger Dawson v. Larry Burgs & Prof'l Staffing Co., 373 So. 3d 759 (Miss. Ct. App. 2023).published“However, ‘in some cases, factual disputes must be resolved before the [trial] court can make its legal determination.’” Lemaire, 2001 WL 872840 , at *3 (quoting Billizon v. Conoco Inc., 993 F.2d 104, 105 (5th Cir. 1993)).
- Pierce v. BP Am. Prod. Co., 606 F. Supp. 3d 320 (E.D. La. 2022).published Baroid-NL Indus., Inc., 784 F.2d 615, 617 (5th Cir. 1986). 72 Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
- Meaux v. Cooper Consol., LLC, 477 F. Supp. 3d 515 (E.D. La. 2020).publishedId. at 642 (citation omitted). “[B]orrowed-employee status is a question of law for the district court to determine.” Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
- W&T Offshore, Inc. v. Wesley Fredieu, 610 S.W.3d 884 (Tex. 2020).published The parties agree that in federal court, “[t]he question of borrowed-employee status is a question of law for the district court to determine.” Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
- Crews v. F A E L L C, No. 6:18-cv-01647 (W.D. La. Apr. 7, 2020). Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
- Robertson v. W & T Offshore, Inc., 712 F. Supp. 2d 515 (W.D. La. 2010).published“The question of borrowed employee status is a question of law for the district court to determine.” Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.), reh’g denied, 3 F.3d 441 (1993), cited in Lemaire, 2001 WL 872840 , at *3-4; Hotar…
- In re the Complaint of Knudsen, 710 F. Supp. 2d 1252 (S.D. Ala. 2010).publishedBillizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993) reh’g denied 3 F.3d 441 (5th Cir.1993).
Show 9 more citing cases
- Velasco v. Amfels, Inc., 368 F. Supp. 2d 656 (S.D. Tex. 2005).published Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993).
- Lemaire v. Danos & Curole, No. 00-31153 (5th Cir. July 13, 2001).unpublished "The question of borrowed-employee status is a question of law for the district court to determine." Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.), reh'g denied, 3 F.3d 441 (1993).
- Colbert v. Mississippi Marine Corp., 755 So. 2d 1116 (Miss. Ct. App. 1999).publishedBillizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993); Melancon v. Amoco Production Co., 834 F.2d 1238, 1246 (5th Cir.1988); Capps v. N.L.
- Theophile v. Trinity Indus., Inc., 977 F. Supp. 782 (E.D. La. 1997).published(holding that a worker provided by a labor supply contractor was a borrowed employee despite contract provision purporting to prohibit borrowed employee status due to overwhelming evidence of control by contractor’s cust…)
- Milorad Raicevic v. Wood Grp. PSN, Inc., 979 F.3d 1027 (5th Cir. 2020).published See Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
- Delahoussaye ex rel. Delahoussaye v. Performance Energy Servs., L.L.C., 734 F.3d 389 (5th Cir. 2013).publishedSee Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993).
- Hotard v. Devon Energy Prod. Co. L.P., 308 F. App'x 739 (5th Cir. 2009).unpublished(holding that borrowed-employee status exists where one factor is neutral, one weighs against borrowed-employee status, and the remaining seven support borrowed-employee status)
- Kearny Barge Co. v. Global Ins. Co., 943 F. Supp. 441 (D.N.J. 1996).published(three months full-time employment weighed in favor of borrowed servant status)
- Energy XXI, Gom, LLC v. New Tech Eng'g, L.P., 787 F. Supp. 2d 590 (S.D. Tex. 2011).published (noting that the borrowing company “did not have the right to terminate the [borrowed servant’s] employment with [the lending employer], but it had the right to end [the borrowed servant’s] association with [the borrowin…)
At page 106 Analyzing factors in borrowed employee status determination10 citing cases“no single factor is determinative.”
- Antonio Lomeli v. Sw. Shipyard, L.P., 363 S.W.3d 681 (Tex. App.—Houston [1st Dist.] 2011).published See Billizon, 993 F.2d at 105-106 (“The service contract governing the relationship between Conoco and D & C provides that employees of D & C are not employees of Conoco.”) (emphasis in original); Brown, 984 F.2d at 677 (“[Gulf *689 Inland…
- In re In the Matter of Texas Petroleum Inv. Co., No. 2:24-cv-02344 (E.D. La. May 15, 2026).La. Jan. 2, 2018)(Milazzo, J.)(quoting Billizon v. Conoco, Inc., 993 F.2d 104, 106 (5th Cir. 1993)).
- Harper v. W&T Offshore, Inc., No. 2:24-cv-01101 (E.D. La. Dec. 23, 2024).Thus, the master service agreement “could create a factual dispute on the third factor if the other factors were disregarded.” See Billizon v. Conoco, Inc., 993 F.2d 104, 106 (5th Cir. 1993).
- In re Texas Petroleum Inv. Co., No. 2:23-cv-01931 (E.D. La. Sept. 6, 2024). Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993) (citing Brown v. Union Oil Co. of Cal., 984 F.2d 674 , 676 (5th Cir. 1993)).
- Thibodeaux v. Equinor USA E&P, Inc., No. 3:22-cv-00015 (M.D. La. Sept. 21, 2023).Therefore, the question for the Court here is whether the Ruiz factors other than the agreement between Equinor and Danos in Section 2.1.2 of the MSA “clearly point to borrowed-employee status.” Billizon v. Conoco, 993 F.2d 104, 106 (5th C…
- Dwayne Mosley v. Wood Grp. PSN, Inc., No. 18-30523 (5th Cir. Feb. 7, 2019).unpublished In Brown, the employee “worked, slept and ate in Union's field for a month prior to his accident,” and we concluded that was “a sufficient amount of time for Brown to appreciate the new work conditions.” 30 5 Mosley challenges the district…
- Washington v. Fieldwood Energy LLC, 275 F. Supp. 3d 767 (E.D. La. 2017).publishedBillizon v. Conoco, Inc., 993 F.2d 104, 106 (5th Cir. 1993). .
- Lemaire v. Danos & Curole, No. 00-31153 (5th Cir. July 13, 2001).unpublished "The question of borrowed-employee status is a question of law for the district court to determine." Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.), reh'g denied, 3 F.3d 441 (1993).
- Wood v. Meridian Oil Prod, No. 99-30183 (5th Cir. Oct. 13, 1999).unpublished We are now faced with the same question addressed in Billizon: “[W]hether the existence of a contract provision purporting to prohibit borrowed-employee status makes the district court’s summary judgment inappropriate, given that such a co…
- Jarrell v. Bender Shipbuilding & Repair Co., 681 So. 2d 1092 (Ala. Civ. App. 1996).published See Billizon v. Conoco, Inc., 993 F.2d at 106 ; and Brown v. Union Oil Co. of California, 984 F.2d at 679 .
At page 104 “in some cases, factual disputes must be resolved before the district court can make its legal determination.”0 citing cases
Other citing cases
- Douglas F. White v. Bethlehem Steel Corp., 222 F.3d 146 (4th Cir. 2000).published
v.
CONOCO, INC. Et Al., Defendants-Appellees
Donald Billizon sued Conoco, Inc. to recover damages for injuries he suffered while working on an offshore platform operated by Conoco. At the time of his accident, Billizon was employed by Danos & Curóle Marine Contractors, Inc. (D & C), which supplies workers to oil and gas producers. D & C had assigned Billizon to work for Conoco as a pumper. The district court entered summary judgment in favor of Conoco on the ground that Billizon was Conoco’s “borrowed employee” — granting Conoco tort immunity under the Longshore and Harbor Workers’ Compensation Act, 33 U.S.C. § 905(a). We affirm.
To determine borrowed-employee status, we consider nine factors:
(1) Who had control over the employee and the work he was performing, beyond mere suggestion of details or cooperation?
(2) Whose work was being performed?
(3) Was there an agreement, understanding, or meeting of the minds between the original and the borrowing employer?
(4) Did the employee acquiesce in the new work situation?
(5) Did the original employer terminate his relationship with the employee?
(6) Who furnished tools and f)lace for performance?
(7) Was the new employment over a considerable length of time?
(8) Who had the right to discharge the employee?
(9) Who had the obligation to pay the employee?
Brown v. Union Oil Co. of California, 984 F.2d 674, 676 (5th Cir.1993). The question of borrowed-employee status is a question of law for the district court to determine. But in some cases, factual disputes must be resolved before the district court can make its legal determination. See, e.g., id. at 679 (factual issues concerning factors 1 and 3); Melancon v. Amoco Prod. Co., 834 F.2d 1238, 1245 n. 13 (5th Cir.) (factual issue concerning factor 3), reh’g granted on other grounds, 841 F.2d 572 (5th Cir.1988).
While working for Conoco, Billizon maintained the flow of oil and gas from a production platform. John Jackson, a Conoco employee, supervised the platform on which Bil-lizon worked. When Billizon arrived on the job, a Conoco employee familiarized him with the work procedures. Billizon attended daily tailgate meetings conducted by Jackson to discuss safety and work-related issues. Jackson talked to Billizon daily either in person or by telephone. Conoco required Billizon to keep a work log, which was reviewed by Jackson. No D & C supervisors were in the field to oversee Billizon’s work. Conoco provided the place for performance as well as Billizon’s transportation, food, and lodging. Billizon worked for Conoco for more than three months. Conoco did not have the right to terminate Billizon’s employment with D & C, but it had the right to end Billizon’s association with Conoco. D & C paid Billizon, but his pay was based on time tickets verified by Conoco.
In this ease, only the third factor — agreement, understanding, or meeting of the minds between the original and the borrowing employer — could possibly support Billi-zon’s contention that he was not a borrowed employee. The service contract governing the relationship between Conoco and D & C[*106] provides that employees of D & C are not employees of Conoco. However, the reality of the work site and the actions of Conoco and D & C suggest that the two employers had the contrary “understanding or meeting of the minds.” Cf. Melancon, 834 F.2d at 1245 & n. 13. This court has held many times that no single factor is determinative. See, e.g., Brown, 984 F.2d at 676; see also Melancon, 834 F.2d at 1245 (“[P]arties to a contract cannot automatically prevent a legal status like ‘borrowed employee’ from arising merely by saying in a provision in their contract that it cannot arise.”).
The question in this case is whether the existence of a contract provision purporting to prohibit borrowed-employee status makes the district court’s summary judgment inappropriate, given that such a contract provision could create a factual dispute oh the third factor if the other factors were disregarded. Previously faced with this issue, this court has concluded that summary judgment is appropriate when the remaining factors clearly point to borrowed-employee status. See Brown, 984 F.2d at 678 n. 5; Alexander v. Chevron, U.S.A., 806 F.2d 526, 529 (5th Cir.1986) (citing Guadet v. Exxon Corp., 562 F.2d 351, 358 (5th Cir.1977), cert. denied, 436 U.S. 913, 98 S.Ct. 2253, 56 L.Ed.2d 414 (1978)). Here, factors 1, 2, 4, 5, 6, 8, and 9 support borrowed-employee status. Factor 7 is neutral, [1] but the neutrality of factor 7 is insufficient to render the district court’s summary judgment inappropriate.
Even if we assume that factor 3 weighs in favor of Billizon’s position, the summary judgment record establishes that Billizon was Conoco’s borrowed employee. We affirm the district court’s summary judgment in favor of Conoco. Compare Brown, 984 F.2d at 677, 679 (factual issue existed concerning factor 1, who controlled the employee’s work).
AFFIRMED.
. See Brown, 984 F.2d at 679 (Factor 7 is neutral where the length of employment (one month) is not considerable.).