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2 Matching News Items

1.  Jackson Lewis P.C. in Bloomberg BNA Pension & Benefits Daily Link to more items from this source
June 28, 2017
"[M]ost circuit courts of appeals agree that ERISA requires that causation between the alleged breach and the claimed loss must be established before any liability may be imposed upon a breaching fiduciary. The courts are split, however, as to whether an ERISA plaintiff or the defendant-fiduciary bears the burden of proving the causal link between breach and loss. In other words, does the burden compose an element of the claim and thus fall upon the plaintiff, or does the burden constitute an affirmative defense and thus fall upon the defendant-fiduciary?"
2.  Jackson Lewis P.C. in Bloomberg BNA Pension & Benefits Daily Link to more items from this source
July 22, 2015
"The endorsement of arbitration of ERISA claims means that employers may want to consider implementing a mandatory arbitration policy that covers all workplace-related causes of action, including ERISA claims. This article ... highlights some of the key issues."

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