Donald Billizon, & Danos & Curole Marine Contractors, Inc. & the Gray Ins. Co., Intervenors-Appellants v. Conoco, Inc., 993 F.2d 104 (5th Cir. 1993). · Go Syfert
Donald Billizon, & Danos & Curole Marine Contractors, Inc. & the Gray Ins. Co., Intervenors-Appellants v. Conoco, Inc., 993 F.2d 104 (5th Cir. 1993). Cases Citing This Book View Copy Cite
90 citation events (74 in the last 25 years) across 14 distinct courts.
Strongest positive: Antonio Lomeli v. Southwest Shipyard, L.P. (texapp, 2011-07-21) · Strongest negative: Douglas F. White v. Bethlehem Steel Corporation, and Krupp Lonrho Gmbh Seeschiffart (ca4, 2000-08-02)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 28 distinct citers. How cited ↗
cited Cited "but see" Douglas F. White v. Bethlehem Steel Corporation, and Krupp Lonrho Gmbh Seeschiffart
4th Cir. · 2000 · signal: but see · confidence high
But see Billizon v. Conoco, Inc., 993 F.2d 104 (5th Cir.1993) (applying the nine-part test).
examined Cited as authority (verbatim quote) Antonio Lomeli v. Southwest Shipyard, L.P. (8×) also: Cited as authority (rule), Cited "see", Cited "see, e.g."
Tex. App. · 2011 · signal: see · quote attribution · 4 verbatim quotes · confidence high
the reality of the work site and the actions of conoco and d c suggest that despite the contract provision the two employers had the contrary 'understanding or meeting of the minds.
cited Cited as authority (rule) In re: In the Matter of Texas Petroleum Investment Company
E.D. La. · 2026 · confidence medium
Jan. 2, 2018)(Milazzo, J.)(quoting Billizon v. Conoco, Inc., 993 F.2d 104, 106 (5th Cir. 1993)).
cited Cited as authority (rule) Harper v. W&T Offshore, Inc.
E.D. La. · 2024 · confidence medium
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).
examined Cited as authority (rule) In Re: Texas Petroleum Investment Company (4×) also: Cited "see"
E.D. La. · 2024 · confidence medium
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)).
discussed Cited as authority (rule) Thibodeaux v. Equinor USA E&P, Inc.
M.D. La. · 2023 · confidence medium
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 Cir. 1993).
discussed Cited as authority (rule) Rodger Dawson v. Larry Burgs and Professional Staffing Company, Inc.
Miss. Ct. App. · 2023 · confidence medium
“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)).
examined Cited as authority (rule) Pierce v. BP America Production Company (7×) also: Cited "see, e.g."
E.D. La. · 2022 · confidence medium
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).
cited Cited as authority (rule) Meaux v. Cooper Consolidated, LLC
E.D. La. · 2020 · confidence medium
Id. 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).
discussed Cited as authority (rule) W&T Offshore, Inc. v. Wesley Fredieu (2×) also: Cited "see, e.g."
Tex. · 2020 · confidence medium
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).
discussed Cited as authority (rule) Crews v. F A E L L C (2×) also: Cited "see"
W.D. La. · 2020 · confidence medium
Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
discussed Cited as authority (rule) Dwayne Mosley v. Wood Group PSN, Incorporated, et (2×)
5th Cir. · 2019 · confidence medium
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 court’s conclusion that “Wood Group and QPS terminated their relationship with Villemarette, Mosley, and Trahan because they had little contact with the employees during their time on the platform.” Mosley concedes that the relationships “grew attenuated” while the employees were working offshore but argues that because Wood Group and 25 Bi…
cited Cited as authority (rule) Washington v. Fieldwood Energy LLC
E.D. La. · 2017 · confidence medium
Billizon v. Conoco, Inc., 993 F.2d 104, 106 (5th Cir. 1993). .
discussed Cited as authority (rule) International Ship Repair & Marine Services, Inc. v. Aleman
Fla. Dist. Ct. App. · 2010 · confidence medium
But see West v. Dyncorp, — Fed.Appx. -, 2005 WL 1939445 (11th Cir.2005) (holding that where employee was a borrowed servant of DynCorp, it was immune from suit under the Act for claims of negligence and strict liability); White v. Bethlehem Steel Corp., 222 F.3d 146, 151 (4th Cir.2000) (where employee was a borrowed servant, employer had immunity under the Act, and relief provided for in the Act was the employee’s exclusive remedy); Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993) (affirming summary judgment in favor of employer on the ground that employee was the employer’s bo…
discussed Cited as authority (rule) Robertson v. W & T OFFSHORE, INC.
W.D. La. · 2010 · confidence medium
“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; Hotard v. Devon Energy Corp., L.P., 2008 WL 2228922 (W.D.La.2008) (J.
cited Cited as authority (rule) In Re the Complaint of Knudsen
S.D. Ala. · 2010 · confidence medium
Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993) reh’g denied 3 F.3d 441 (5th Cir.1993).
discussed Cited as authority (rule) Velasco v. Amfels, Inc. (2×) also: Cited "see"
S.D. Tex. · 2005 · confidence medium
Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993).
discussed Cited as authority (rule) Lemaire v. Danos & Curole (2×)
5th Cir. · 2001 · confidence medium
"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 Cited as authority (rule) Colbert v. Mississippi Marine Corp.
Miss. Ct. App. · 1999 · confidence medium
Billizon 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.
discussed Cited as authority (rule) Theophile v. Trinity Industries, Inc.
E.D. La. · 1997 · confidence medium
Even if Masse and Trinity had explicitly agreed that Masse employees were not employees of Trinity, 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.” Billizon, 993 F.2d at 105 (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 customer).
examined Cited as authority (rule) GARY WOOD v. MERIDIAN OIL PRODUCTION INC.; ET AL (4×) also: Cited "see"
unknown court · confidence medium
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 contract provision could create a factual dispute on the third factor if the other factors were disregarded.” Billizon v. Conoco, 993 F.2d 104, 106 (5th Cir. 1993).
cited Cited "see" Milorad Raicevic v. Wood Group PSN, Incorporated
5th Cir. · 2020 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
cited Cited "see" Milorad Raicevic v. Wood Group PSN, Incorporated
5th Cir. · 2020 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir. 1993).
cited Cited "see" Delahoussaye Ex Rel. Delahoussaye v. Performance Energy Services, L.L.C.
5th Cir. · 2013 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993).
discussed Cited "see" Hotard v. Devon Energy Production Co. L.P.
5th Cir. · 2009 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d 104, 105-06 (5th Cir.1993) (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).
cited Cited "see" Kearny Barge Co., Inc. v. Global Ins. Co.
D.N.J. · 1996 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993) (three months full-time employment weighed in favor of borrowed servant status). 8.
discussed Cited "see" Jarrell v. Bender Shipbuilding & Repair Co. (2×) also: Cited "see, e.g."
Ala. Civ. App. · 1996 · signal: see · confidence high
See Billizon v. Conoco, Inc., 993 F.2d at 106 ; and Brown v. Union Oil Co. of California, 984 F.2d at 679 .
discussed Cited "see, e.g." Energy XXI, Gom, LLC v. New Tech Engineering, L.P. (2×)
S.D. Tex. · 2011 · signal: see, e.g. · confidence medium
See, e.g., Billizon v. Conoco, Inc., 993 F.2d 104, 105 (5th Cir.1993) (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 borrowing company]”, and ultimately finding that the only factor weighing against borrowed servant status was the meeting of the minds factor); Melancon, 834 F.2d at 1246 (holding that the borrowing employer’s “right to terminate [the servant’s] services in the ... field satisfied this requirement” (c…
Retrieving the full opinion text from the archive…
Donald BILLIZON, Plaintiff-Appellant, and Danos & Curole Marine Contractors, Inc. and the Gray Insurance Company, Intervenors-Appellants,
v.
CONOCO, INC. Et Al., Defendants-Appellees
92-3877.
Court of Appeals for the Fifth Circuit.
Jun 15, 1993.
993 F.2d 104
1993 U.S. App. LEXIS 14297
1993 WL 179508
H. Edward Sherman, New Orleans, LA, for Billizon., J. Mark Graham, Henderson, Hanemann & Morris, Houma, LA, for Danos & Curóle., Patricia A. Krebs, Richard J. Guidry, Kathryn A. Pardo, Nesser, King & LeBlane, New Orleans, for defendants-appellees.
Reavley, Davis, Demoss.
Cited by 29 opinions  |  Published
REAVLEY, Circuit Judge:

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.

1

. See Brown, 984 F.2d at 679 (Factor 7 is neutral where the length of employment (one month) is not considerable.).