Worldwide Remediation, Inc. v. Onebane, Bernard, Torian, Diaz, McNamara & Abell Law Firm
Court of Appeals for the Fifth Circuit
1Opinion of the Court
WIENER, Circuit Judge:
The Civilian doctrine of compensation, codified in Louisiana as article 1893 of the Civil Code, provides, as a general rule, that when two persons owe each other reciprocal obligations payable in money (or quantities of fungible things identical in kind), and these sums (or quantities) are liquidated and presently due, both obligations are extinguished by operation of law to the extent of the lesser amount. If compensation applies in this case, then when the district court simultaneously rendered partially offsetting money judgments — the first in favor of…
2Cases cited6 opinions
- Baldwin v. StalderCourt of Appeals for the Fifth Circuit · 1998
- Calk v. Highland Const. & Mfg.Supreme Court of Louisiana · 1979
- Smith v. Vicksburg, S. & P. Ry. Co.Supreme Court of Louisiana · 1904
- Davis Finance & Securities Co. v. O'NealLouisiana Court of Appeal · 1935
- Arkla, Inc. v. Maddox & May Bros. Casing Service, Inc.Louisiana Court of Appeal · 1996
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- Florida Gas Transmission Company, LLC v. Texas Brine Company, LLCLouisiana Court of Appeal · 2022
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