ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Sept. 24 affirmed a trial court's award of penalties and attorney fees that were substantially less than retirement plan participants requested for the plans' violation of the Employee Retirement Income Security Act's duty to provide notice (Kennith McDowell, et al. v. Elbert Price, et al., No. 12-3716, 8th Cir.; 2013 U.S. App. LEXIS 19558).