161791P.pdf   08/29/2017  Twin City Pipe Trades Service  v.  Wenner Quality Services, Inc.
   U.S. Court of Appeals Case No:  16-1791
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - ERISA. The district court's orders regarding an alter ego 
   determination in prior litigation between the union and a party with which 
   WQS was in privity constituted a valid and final judgment for purposes of 
   issue preclusion; even though the issue of damages had been left 
   unresolved in the prior case, there was no reason to believe the court's 
   judgment on liability for contributions was tentative or likely to be 
   changed; where the inability of the party to appeal was the result of 
   their decision to file bankruptcy, the absence of appellate review of the 
   liability decision did not require the district court to allow 
   relitigation of the alter ego determination; the district court's 
   determination that defendant is liable for unpaid fringe-benefit 
   contributions is affirmed; plaintiff had standing to sue to collect 
   contributions and recover the payments; the district court did err, 
   however, if awarding certain damages - contributions to the Working Fee 
   and Industry Fund - which did not arise under an ERISA plan; no error in 
   granting plaintiff a permanent injunction to require defendant to fulfill 
   its ongoing obligations under the Collective Bargaining Agreement.