Mealey's (August 9, 2016, 7:50 AM EDT) -- SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on Aug. 5 announced that it will rehear en banc a case in which a panel previously found that 401(k) plan participants challenging the selection and retention of certain mutual funds forfeited their right to argue that their employer and its benefits plan failed to adequately monitor those investments because the argument was never raised before a California federal judge or in their initial appeal (Glenn Tibble, et al. v. Edison International, et al., No. 10-56406, 9th Cir.; 2016 U.S. App. LEXIS 14413)....