Divided 9th Circuit: Burden Of Proof Improperly Shifted To ERISA Plaintiff

Mealey's (April 25, 2016, 11:19 AM EDT) -- SAN FRANCISCO — A California federal judge erred in granting judgment in favor of a pension plan and its administrators in a dispute over a since-deceased plaintiff’s entitlement to benefits because the plaintiff was unable to independently provide key information about corporate structures or hours worked needed to substantiate his claim under the Employee Retirement Income Security Act, a divided panel of the Ninth Circuit U.S. Court of Appeals ruled April 21 (Estate of Bruce H. Barton v. ADT Security Services Pension Plan, et al., No....
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