DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
171887P.pdf 08/23/2018 Rod Marshall v. Anderson Excavating & Wrecking
U.S. Court of Appeals Case No: 17-1887
U.S. District Court for the District of Nebraska - Omaha
[PUBLISHED] [Smith, Author, with Beam and Colloton, Circuit Judges]
Civil case - Welfare and Pension Plan Contributions. The district court
legally erred in applying the alter ego theory of liability to support an
award of unpaid contributions for an employee's work as the plaintiffs
failed to plead an alter ego theory in their complaint; as this holding
necessarily impacts the remaining issues of prejudgment interest,
liquidated damages and attorneys' fees, the court will not reach those
issues; if defendant remains dissatisfied with those calculations after
remand, it may file a new appeal.