Casey v. Colorado Higher Education Insurance Benefits Alliance Trust

Judge HAWTHORNE

concurring in part and dissenting in part.

158 Because I believe that the employees' breach of fiduciary duty claim is barred by the CGIA, I respectfully dissent as to Part IILC.1.2a. 'of the majority's opinion. And be*209cause I do not believe that the employees' unilateral and mutual mistake claims are barred by the CGIA, I respectfully dissent as to Part II.C.3. of the majority's opinion. I also dissent as to the majority's conclusions concerning these issues in Part III. However, I concur with the remainder of the opinion.

I. Breach of Fiduciary Duty Claim

"[ 59 I would conclude…