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DOL Shifts Position on ERISA Litigation Burden of Proof
Plan Sponsor Council of America [PSCA] 
Dec. 11, 2025 "Earlier this year, the nation's highest court asked for the [DOL] to weigh in on a case involving the burden of proof in ERISA cases -- and the response is a complete reversal of its previous position. In an amicus filing ... the [DOL] explained that the 'relevant authorities' provided no trust-law consensus on shifting the burden of proving causation to defendants. And that, they wrote, means that the 'ordinary default rule' governs -- and that was correctly applied by the court of appeals here that required the plaintiffs to prove causation." [Pizarro v. Home Depot, No. 22-13643 (11th Cir. Aug. 2, 2024; cert. pet. filed Dec. 3, 2024; DOL brief filed Dec. 9, 2025)] MORE >> |
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