Divided 9th Circuit Finds ERISA Violation, But No Fiduciary Breach

Mealey's (December 6, 2018, 9:11 AM EST) -- SAN FRANCISCO — A California federal judge’s determination that a trustee violated the whistleblower provision of Section 510 of the Employee Retirement Income Security Act when he placed an internal auditor on administrative leave was upheld Dec. 4 by a full panel of the Ninth Circuit U.S. Court of Appeals, but the court split on whether the accused actions constitute a fiduciary breach (R. Alexander Acosta v. Scott Brain, et al., Nos. 16-56529, -56532, 9th Cir., 2018 U.S. App. LEXIS 34072)....