(August 24, 2016, 8:40 PM EDT) -- PHILADELPHIA — A Third Circuit U.S. Court of Appeals panel on Aug. 18 affirmed that the marketer of a multiemployer welfare arrangement (MEWA) breached his fiduciary duties to the fund by diverting plan assets within the meaning of the Employee Retirement Income Security Act but vacated and remanded a lower court ruling against a named trustee of the plan, finding that more evidence is needed to determine when she became aware of the diversion of funds (Secretary of Labor v. James Doyle, et al., Nos. 15-1380 and 15-1574, 3rd Cir.; 2016 U.S. App. LEXIS 15169)....