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Employee Retirement Income Security Act (ERISA) › Burden-Shifting

Seyfarth Shaw LLP

Do ERISA Fiduciaries Have The Burden Of Proof On Loss Causation? — The Solicitor General Will Now Advise Whether The Supreme Court...

Seyfarth Shaw LLP on

Seyfarth Synopsis: There is a deep circuit split on who bears the burden of proving loss causation on ERISA breach of fiduciary duty claims. ...more

Jackson Lewis P.C.

“Off the Rails:” A Plan Administrator’s Burden

Jackson Lewis P.C. on

When an ERISA plan provides the plan administrator with discretion to interpret the terms of the plan, the administrator’s claims and appeals decisions are generally reviewed by courts under a lenient standard of review such...more

Proskauer - Employee Benefits & Executive...

Supreme Court Denies Review of Fourth Circuit Loss Causation Case

Proskauer - Employee Benefits & Executive... on

The U.S. Supreme Court recently declined to grant certiorari to review the Fourth Circuit’s decision in RJR Pension Investment, et al. v. Tatum, 761 F.3d 363 (4th Cir. 2014). As we previously reported, a divided panel of the...more

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