Panel Denies Rehearing, Allows Ruling In Favor Of 401(k) Fund Operator To Stand

Mealey's (April 24, 2019, 11:40 AM EDT) -- DENVER — The 10th Circuit U.S. Court of Appeals on April 22 denied a retirement plan participant’s motion for rehearing or rehearing en banc, refusing to revisit its finding that a district court properly concluded that a fund operator accused of violating the Employee Retirement Income Security Act is not a fiduciary with respect to a portfolio fund (John Teets v. Great-West Life & Annuity Insurance Company, No. 18-1019, 10th Cir., 2019 U.S. App. LEXIS 12002)....

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