Legal Opinion
Berger Transfer & Storage v. Central States, Southeast & Southwest Areas Pension Fund
Court of Appeals for the Eighth Circuit
Decided June 18, 1996No. 95-2965PublishedCited by 7 opinions
1Opinion of the Court
JOHN R. GIBSON, Circuit Judge.
The Central States, Southeast and Southwest Areas Pension and Health and Welfare Funds appeal the district court’s 1 judgment in favor of Berger Transfer and Storage. The Funds appeal the court’s decision that the owner-operators driving for Berger Transfer are independent contractors. The Funds argue that the district court erred in applying the common-law test for determining independent contractor status, and in holding that issue preclusion did not prevent it from deciding this issue. The Funds also appeal the district court’s holding that the Minnesota…
2Cases cited18 opinions
- Parklane Hosiery Co. v. ShoreSupreme Court of the United States · 1979
- Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
- Community for Creative Non-Violence v. ReidSupreme Court of the United States · 1989
- National Labor Relations Board v. United Insurance Co. of AmericaSupreme Court of the United States · 1968
- Pedro De La Fuente v. Stokely-Van Camp, Inc., Marcelino Vasquez and Albert Solis, DefendantsCourt of Appeals for the Seventh Circuit · 1983
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Ron and Judy Kirk, Doing Business as Iowa Pedigree v. Gary HarterCourt of Appeals for the Eighth Circuit · 1999
- Rebecca Hunt, Susan Nurnberg v. State of Missouri, Department of CorrectionsCourt of Appeals for the Eighth Circuit · 2002
- 20 Employee Benefits Cas. 1391, Pens. Plan Guide P 23921s Berger Transfer & Storage v. Central States, Southeast and Southwest Areas Pension Fund Central States, Southeast and Southwest Areas Health and Welfare Fund Marion Winstead, Trustee of Said Funds Robert Sansone, Trustee of Said Funds R. Jerry Cook, Trustee of Said Funds Harold D. Leu, Trustee of Said Funds Howard McDougall Trustee of Said Funds Robert Baker, Trustee of Said Funds R v. Pulliam, Trustee of Said Funds Arthur H. Bunte, Jr., Trustee of Said FundsCourt of Appeals for the Eighth Circuit · 1996
- Coonley v. Fortis Benefit InsuranceDistrict Court, N.D. Iowa · 1997
- Rumpke v. Rumpke Container Service, Inc.District Court, S.D. Ohio · 2002
2 more not listed; retrieve them via the Exa API.