President of Utah Construction Company Cannot Appeal Preliminary Injunction Removing Him as Trustee of the Company’s ESOP

In Su v. Ascent Construction, No. 23-4114 (10th Cir. June 24, 2024), the appeals court ruled that the president of a Utah construction company cannot appeal a preliminary injunction removing him as the fiduciary for the plan because the appeal was made moot by the district court making the preliminary injunction permanent.