11th Circuit Won’t Rehear ERISA Fees, Funds Ruling Rejecting Burden-Shifting

( September 12, 2024, 8:36 AM EDT) -- ATLANTA — The 11th Circuit U.S. Court of Appeals denied a petition for rehearing en banc in which 401(k) plan participants argued that the panel ruling “conflicts with Supreme Court precedent, this Court’s precedent, and other circuits’ authoritative decisions” and that “[w]hich party bears the burden on causation, what satisfies that burden, and the standard for inadvertent waiver of all available remedies are questions of exceptional importance.”...

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