In the Ninth Circuit, a New Burden of Proof for Employers in Benefits Litigation | Practical Law
In Barton v. ADT Sec. Servs. Pension Plan, the US Court of Appeals for the Ninth Circuit held that if a benefits claimant makes a prima facie case that he is entitled to benefits but lacks certain information (that the defendant-employer controls) to substantiate the claim, then the burden shifts to the defendant to produce this information.