Divisions Remain in Courts Regarding the Burden of Proof

Overview


Chris Nemeth and Erin Turley said that a recent confidential case settlement leaves intact a circuit split over burden of proof in ERISA fiduciary breach cases. “This particular issue that we thought was going to be decided by the Supreme Court is an issue, from an ESOP litigation perspective, that we had been dealing with at a significant level in matters that are publicly filed and in pre-litigation matters, and it is an issue that crops up again and again,” Mr. Nemeth said.