Burden-Shifting Framework

Pioneer Centres Holding Co. Employee Stock Ownership Plan & Trust v. Alerus Fin., N.A., 858 F.3d 1324, 1327 (10th Cir. June 5, 2017)

The Tenth Circuit held that the plaintiffs have the burden to prove losses to a retirement plan resulting from an alleged breach of fiduciary duties under ERISA, and rejected the argument that a burden-shifting framework should be applied.  Accordingly, the court affirmed summary judgment granted to the defendants because plaintiffs failed to present non-speculative evidence of losses to the plan.  

 

UTAH APPELLATE HIGHLIGHTS

These appellate cases of interest were decided by the Utah Supreme Court, Utah Court of Appeals, and United States Tenth Circuit Court of Appeals. Summaries are regularly prepared by various SCM appellate team attorneys Rodney Parker, Dani Cepernich, Robert Cummings, Nate Mitchell, Adam Pace, and Andrew Roth.

Snow Christensen & Martineau’s appellate team is available to represent clients in all Utah State and Federal appellate courts up to and including the United States Supreme Court for business, civil, commercial, and criminal appeals. We are regularly retained by other attorneys to assist in pre-trial appellate issue identification and provide advice concerning preservation of these issues. We have a long and successful track record of obtaining relief for clients from an unfair verdict. Contact a member of our appellate team.