"Petitioners contend that review is warranted to address which party has the burden of proof on the issue of causation once a plaintiff has established a breach of fiduciary duty under ERISA and a prima facie case of related plan losses, and to address what standard should be used to assess causation when the fiduciary breach is a failure of process. The court of appeals correctly decided both issues, and contrary to petitioners ' contentions, there is no clear circuit split on either question. This case would in any event be a poor vehicle for consideration of the questions presented, because resolution of those questions may not affect the outcome on the causation question. Further review is therefore unwarranted." [Tatum v. RJR Pension Investment Comm., No. 13-1360 (4th Cir. Aug. 4, 2014; cert. pet. filed Dec. 1, 2014)]  MORE >>