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District Court Says Trustee, Legal Counsel Retaliated Against DOL Whistle-Blower
Bloomberg BNA 
July 28, 2016
"In assessing whether [a trustee and legal counsel] had retaliated against [the trust fund's employee], the court noted that neither the U.S. Supreme Court nor the U.S. Court of Appeals for the Ninth Circuit had addressed which causation test should apply in an ERISA retaliation case -- the more lenient 'motivating factor' or the 'but for' test. The court applied the 'but for' test. In doing so, the court concluded that Robbins was placed on administrative leave because of her protected activity. [The trustee and legal counsel] 'set in motion' the trustees' decision to put Robbins on leave, the court said." [Perez v. Brain, No. 14-03911, (C.D. Cal. July 25, 2016)]
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