Vail Resorts Beats 401(k) Lawsuit Challenging Fees, Mutual Funds

Ski resort operator Vail Corp. defeated a former employee’s proposed class action challenging the fees and investment options in its $309 million 401(k) plan, when a Colorado federal judge concluded the employee’s complaint lacked details about the company’s 401(k) fiduciary process.

Debra Kurtz’s claims against Vail Corp. “depend on hindsight and say nothing about the information defendant had available to it at the time it was making decisions regarding the Plan,” Judge R. Brooke Jackson of the U.S. District Court for the District of Colorado held Wednesday. Kurtz “does not address at all” Vail Corp.'s process for selecting plan investments...