Mealey's (March 11, 2019, 10:34 AM EDT) -- SAN FRANCISCO — A majority of the Ninth Circuit U.S. Court of Appeals on Feb. 13 refused to revisit its ruling that a defendant was acting as an employer and not a trustee when he retaliated against an internal auditor and, therefore, he did not violate Section 404 of the Employee Retirement Income Security Act, 29 U.S.C. § 1104 (R. Alexander Acosta v. Scott Brain, et al., Nos. 16-56529 and 16-56532, 9th Cir.)....