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Putnam 401(k) Dispute Sent Back to Trial Court by First Circuit
Bloomberg BNA Oct. 16, 2018
"The First Circuit joined the Fourth, Fifth, and Eighth circuits in holding that once an ERISA plan participant shows a loss allegedly tied to a plan fiduciary's imprudent behavior, the burden then shifts to the fiduciary to show that the loss wasn't caused by the fiduciary. The Sixth, Ninth, Tenth, and Eleventh circuits have held differently." [Brotherston v. Putnam Investments, LLC, No. 17-1711 (1st Cir. Oct. 15, 2018)]
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