BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ET AL.
v.
LEGRAND ET AL.
BOARD OF TRUSTEES OF THE UNIVERSITY OF ARKANSAS ET AL.
LEGRAND ET AL.
485 U.S. 1034
Supreme Court of the United States (1988)
Positive Treatment
Cited by 8 cases
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Burns v. McGREGOR Elec. Indus., Inc., 955 F.2d 559 (8th Cir. 1992)…was as affected as that hypothetical “reasonable person.” Our disposition of this case should not be read as constituting a de facto entry of judgment for Burns. Cf. Legrand v. Trustees of Univ. of Ark., 821 F. 2d 478 (8th Cir.1987), cert. denied, 485 U.S. 1034, 108 S.Ct. 1592, 99 L.Ed.2d 907 (1988). That is not our intention, for we would not presume to substitute our view of the evidence for that of the experienced trial judge, who had the benefit of observing the demeanor of at least some of the witness…
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Stanley Duplantis and his wife v. Shell Offshore, Inc., 948 F.2d 187 (5th Cir. 1991)…ce/Booker, Shell is nevertheless liable. We have frequently noted that, under Louisiana law, unless the activity in which the injury occurred was ultra-hazardous, Ainsworth v. Shell Offshore, Inc., 829 F. 2d 548, 549-50 (5th Cir.1987), cert. denied, 485 U.S. 1034, 108 S.Ct. 1593, 99 L.Ed.2d 908 (1988), a contention which plaintiffs do not make, “[a] principal is not liable for the torts of an independent contractor unless the principal exercises operational control over or expressly or impliedly authorizes t…
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The Port OF Portland v. The M/V Paralla, 892 F.2d 825 (9th Cir. 1989)…t company. C. General Contractors. It is the general rule that a general contractor does not have the authority to bind a vessel. That rule was clearly stated in Farwest Steel Corp. v. Barge Sea-Span 241, 828 F. 2d 522 (9th Cir.1987), cert. denied, 485 U.S. 1034, 108 S.Ct. 1594, 99 L.Ed.2d 909 (1988), where the court said at page 526: [WJhere subcontractor suppliers have sought maritime liens, courts interpreting section 972 have uniformly held that the general repair contractor was not endowed with suffic…
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