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Estate of Bruce Barton v. ADT Security Services Pension, et al
Case Number:
13-56379
Court:
Nature of Suit:
Companies
Sectors & Industries:
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September 20, 2016
Split 9th Circ. Denies En Banc Rehearing In ERISA Case
In a ruling that drew an eight-judge dissent, a divided Ninth Circuit panel voted Tuesday not to rehear a case in which the appeals court had found that the burden of proof shifts to an employer when determining former workers' benefits eligibility under Employee Retirement Income Security Act plans.
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April 22, 2016
9th Circ. Kicks Participation Burdens To ERISA Plan Managers
Applicants for Employee Retirement Income Security Act plans who preliminarily establish they are entitled to benefits should not be tasked with the potentially "Kafkaesque" burden of proving their former employers participate in the plans, the Ninth Circuit said Thursday in a published opinion that also cited a 1977 Charlie Brown cartoon.