5th Circuit: Employer Not Acting As Fiduciary; ERISA Claims Properly Dismissed

Mealey's (September 7, 2021, 8:53 AM EDT) -- NEW ORLEANS — A district court did not err in dismissing an employee’s complaint against her employer for breach of fiduciary duty because she failed to show that her employer was acting in a fiduciary capacity when taking the actions alleged in the complaint, the Fifth Circuit U.S. Court of Appeals ruled Aug. 16....