Catholic Law's Student Scholars Series hosted its first event of the season on March 18, featuring a presentation by Christian Trowbridge (3L). His work, titled "Fiduciary Breach Under ERISA: Who Bears The Burden Of Loss Causation," delved 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. Robert A. Friedman, Partner at Holland & Knight, provided a thoughtful response to Trowbridge's presentation.

In his article, Trowbridge 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.

The Columbus School of Law Student Scholars Series was instituted in 2009 to recognize notable legal scholarship produced by members of the student body during the academic year and to foster the skills associated with presenting and defending that scholarship in a professional conference-style setting.

Below is a recording of the March 18 program.