Marshall v. Anderson Excavating & Wrecking, No. 17-1887 (8th Cir. 2018)
Annotate this Case
Plaintiffs filed suit against Anderson Excavating under 29 U.S.C. 185(a), 29 U.S.C. 1132, and 29 U.S.C. 1145, requesting that the district court order Anderson Excavating to pay the contributions it allegedly owed to the Welfare Plan and Pension Plan, along with interest, liquidated damages, and attorneys' fees and costs.
The Eighth Circuit held that the district court erred in determining damages for unpaid contributions, prejudgment interest, liquidated damages, and attorneys' fees; the district court legally erred in applying the alter ego doctrine to justify an award of unpaid contributions for an alleged employee's work; and thus the court reversed the judgment of the district court and remanded for further proceedings.
Court Description: 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.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.