( May 6, 2025, 8:44 AM EDT) -- NEW ORLEANS — In an unpublished per curiam opinion affirming dismissal of a lawsuit that a decedent’s children by his first wife filed over a distribution made to his second wife, the Fifth Circuit U.S. Court of Appeals agreed with the lower court that the children didn’t plausibly plead that the 401(k) plan sponsor and trustee were functional fiduciaries under the Employee Retirement Income Security Act and didn’t sufficiently plead that the plan administrator “conveyed a material misrepresentation or failed to provide adequate plan information.”...