For Whom The Plan Tolls: Tatum V. RJR Pension Investment Committee And The Emergence Of Exacting Scrutiny Awaiting Fiduciaries In Breach In The ERISA Litigation Landscape Post Dudenhoeffer
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Authors
Langdon, Peter M.
Issue Date
2016
Volume
49
Issue
2
Type
Journal Article
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Keywords
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Abstract
INTRODUCTION|The Employee Retirement Income Security Act, as amended ("ERISA"), was enacted in 1974. The primary purpose and special nature of ERISA is to secure the protection of private individual pension rights and retirement viability of participants. In the second quarter of fiscal year 2015, between April and June 30, private and public pension net assets totaled $390. billion. Recently, ERISA litigation has burgeoned and the United States Supreme Court has acknowledged the importance of ERISA. The Supreme Court's decision in Fifth Third Bancorp v. Dudenhoeffer began to shed light on the shifting burden of proof in ERISA litigation. However, the Supreme Court has refrained from entering into the litigation landscape post Dudenhoeffer, rendering the landscape unclear as to who bears the burden of proof in ERISA fiduciary breach litigation proceedings...
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Publisher
Creighton University School of Law