Great-West ERISA Class Can't Get Redo At 10th Circ.

Law360 (April 22, 2019, 8:38 PM EDT) -- A Tenth Circuit panel won't revisit its finding that Great-West didn't act as a fiduciary in an Employee Retirement Income Security Act class action over how the company distributed investment profits to 401(k) plan participants, although the judges did tweak their ruling.

The three-judge panel denied the rehearing request from a class of roughly 270,000 participants who invested in Great-West's Key Guaranteed Portfolio Fund, the court said in an order Monday. The reconsideration request was also circulated to the other active members of the court, but they too were uninterested in hearing the case, according to the order.

"As no member...

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