Case: Retirement Plans/Fiduciary Duties (D. Colo.)

Vail Corp.'s motion to dismiss this ERISA action for breach of fiduciary duties brought by an employee was granted by a federal district court in Colorado. The employee sought to certify a class against Vail Corp., and alleged that the company’s retirement plan fees were excessive compared to other comparable 401(k) plans, that the plan paid unreasonably high fees for investments when less expensive and better performing investments were available, and that the plan failed to offer lower-cost passively managed funds. The court determined that the employee failed to adequately plead her breaches of the duties of prudence and loyalty. ...