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Pizarro v. Home Depot and the Future of ERISA Litigation
The Prudent Investment Adviser Rules Link to more items from this source
[Opinion]
May 19, 2025

"SCOTUS needs to officially establish that the burden of proof in ERISA cases shifts to the plan sponsor once the plaintiff plausibly pleads both a fiduciary breach and a resulting loss. Why? Because ... based on forensic analysis, [the author believes] that in the overwhelming majority [of] ERISA cases, plan sponsors will not be able to carry that burden." [Pizarro v. Home Depot, No. 22-13643 (11th Cir. Aug. 2, 2024; cert. pet. filed Dec. 3, 2024; Solicitor General brief requested Apr. 21, 2025)]  MORE >>

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