Mealey's (May 18, 2021, 8:35 AM EDT) -- SAN FRANCISCO — Participants in a 401(k) retirement plan on May 14 filed a notice of appeal in the Ninth Circuit U.S. Court of Appeals challenging a California federal judge’s ruling dismissing their allegations that plan fiduciaries breached their duty of prudence under the Employee Retirement Income Security Act for failure to state a claim on the grounds that passively managed funds are not meaningful benchmarks for actively managed funds....