143457P.pdf   03/22/2016  Blue Cross Blue Shield of MN  v.  Wells Fargo Bank, N.A.
   U.S. Court of Appeals Case No:  14-3457
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Shepherd, Author, with Riley, Chief Judge, and Smith, Circuit 
   Judge] 
   Civil case - ERISA. In suit by ERISA plan administrators who participated 
   in defendant's Securities Lending Program alleging defendant caused them 
   substantial losses by imprudent investments and breaches of its fiduciary 
   duty, the district court bifurcated the common-law claims and the ERISA 
   claims and tried the common-law claims to a jury; the jury found that 
   defendant had not breached its fiduciary duty and the court applied this 
   finding to the ERISA claims under the doctrine of collateral estoppel; the 
   district court erred, however, in failing to consider whether defendant 
   had waived the right to assert in the ERISA proceedings that the court was 
   bound by the jury findings; remanded to the district court to determine 
   whether waiver did in fact occur.