Fiduciary Breach Under ERISA: Who Bears The Burden Of Loss Causation
Document Type
Event
Publication Date
3-18-2026
Abstract
Christian Trowbridge's work titled "Fiduciary Breach Under ERISA: Who Bears The Burden Of Loss Causation," delves into the complexities of burden-shifting in ERISA litigation, specifically examining who should bear the responsibility of proving loss causation after a fiduciary breach has been established. He examines the complexities of suing an employer under the Employee Retirement Income Security Act (ERISA). Plaintiffs must prove both a fiduciary breach by their employer and a loss to their retirement plan. However, ERISA does not specify which party bears the burden of proving that the employer’s breach caused the loss, leading to a split among U.S. Courts of Appeals. Trowbridge argues that once plaintiffs establish a fiduciary breach and a loss, the burden of proof should shift to the employer to demonstrate that their breach did not cause the loss. He contends that when ERISA is silent, courts should look to the common law of trusts, which supports this burden shift, as well as principles of equity. Employers typically have superior access to retirement plan information, and plaintiffs already face significant challenges in proving fiduciary breach and loss.
Recommended Citation
Trowbridge, Christian, "Fiduciary Breach Under ERISA: Who Bears The Burden Of Loss Causation" (2026). Student Scholar Series. 51.
https://scholarship.law.edu/student_scholar/51
