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.  



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 ParkerDani CepernichRobert CummingsNate MitchellAdam Pace, and Andrew Roth.

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