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.
183007P.pdf 02/07/2020 Glen Johnson v. Charps Welding & Fabricating,
U.S. Court of Appeals Case No: 18-3007
and No: 19-1206
U.S. District Court for the District of Minnesota
[PUBLISHED] [Benton, Author, with Smith, Chief Judge and Gruender, Circuit
Judge]
Civil case - ERISA. The plaintiff trustees of three employee benefit funds
failed to demonstrate a genuine issue of material fact that Charps's
corporate affiliates served as its alter egos and were liable for unpaid
pension fund contributions; nor did the trustees show that Charps entered
into joint venture with its affiliates because it did not provide facts
showing genuine issues as to the sharing of profits and mutual control;
nor did the trustees show the companies formed a joint enterprise as the
affiliates did not have a legal right to control Charps; the collective
bargaining agreements between Charps and the unions did not require the
defendants to contribute for the work of Charps's affiliates; the trustees
did not meet their burden of proof in opposing Charps's motion for summary
judgment regarding its liability for contributions for its own employees'
work; the trustees' motion to compel production of certain payroll data
spreadsheets was properly denied as duplicative; the district court did
not abuse its discretion in awarding defendants attorney's fees and the
amount awarded was reasonable; the district court abused its discretion by
awarding certain costs not taxable under 28 U.S.C. Section 1920 and the
matter is remanded for a recalculation of the costs.