Federal — Marshall v. Anderson Excavating & Wrecking Co., No. 17-1887, decided 8/23/18. The U.S. Court of Appeals, Eighth Circuit ruled that where the plaintiffs did not raise an alter ego theory in their pleadings or at trial, the district court erred in raising the issue sua sponte and applying the alter ego theory to hold the defendant liable for unpaid contributions to a union welfare and pension plan.