Who Bears the Burden of Showing Loss Causation in an ERISA Fiduciary Breach Case? The Supreme Court May Tell Us Soon

On April 22, 2019, the United States Supreme Court indicated its interest in hearing its fourth case during the 2019-2020 term under the Employee Retirement Income Security Act of 1974 (ERISA) when it invited the United States Solicitor General to brief an issue that has split ten federal circuit courts of appeal: Who bears the burden of proof that a fiduciary breach caused a loss to the benefit plan at issue?
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On April 22, 2019, the United States Supreme Court indicated its interest in hearing its fourth case during the 2019-2020 term under the Employee Retirement Income Security Act of 1974 (ERISA) when it invited the United States Solicitor General to brief an issue that has split ten federal circuit courts of appeal: Who bears the burden of proof that a fiduciary breach caused a loss to the benefit plan at issue?

Hillary August, is an associate in the Labor & Employment practice group at Morgan, Lewis & Bockius LLP. She specializes in ERISA class actions and single-plaintiff ERISA litigation.

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