The petition of the day is:

17-667

Issue: Whether a plaintiff bears the full burden of establishing loss causation under 29 U.S.C. § 1109(a), which allows an employee plan to recover for “any losses to the plan resulting from [a fiduciary’s] breach of its duties” under ERISA, as the U.S. Courts of Appeals for the 6th, 9th, 10th, and 11th Circuits have held, or whether the burden shifts to the fiduciary to establish the absence of loss causation once the beneficiary makes a prima facie case by establishing breach of fiduciary duty and associated loss, as the U.S. Courts of Appeals for the 2nd, 4th, 5th, and 8th Circuits have held.

Posted in Pioneer Centres Holding Company Stock Ownership Plan and Its Trustees v. Alerus Financial, N.A., Cases in the Pipeline

Recommended Citation: Aurora Barnes, Petition of the day, SCOTUSblog (Dec. 5, 2017, 6:18 PM), http://www.scotusblog.com/2017/12/petition-of-the-day-1276/