Blue Cross Blue Shield Ex Rel. Blue Cross Blue Shield v. Wells Fargo Bank, N.A.

SHEPHERD, Circuit Judge.

Appellants (“ERISA-Plaintiffs”) are administrators of Employee Benefit Plans governed by Employees Retirement Income Security Act (“ERISA”), 29 U.S.C. § 1001 et seq., who entered into securities lending agreements with Wells Fargo Bank (“Wells Fargo”). ERISA Plaintiffs are seeking to reverse the district court’s judgment that it was bound by collateral estoppel and thus required to find against ERISA Plaintiffs and in favor of Wells Fargo on their ERISA .claims. Because the district court failed to consider whether the parties waived the application of collateral…