act in accordance with the Plan documents, although genuine issues of fact exist as to whether this breach caused the Plan’s losses. Assuming that the fact-finder ultimately finds the requisite causal link, to hold the three committee members liable for this breach as co-fiduciaries, plaintiff must demonstrate that they were aware of the breach and that they failed to make reasonable efforts to remedy the breach. See 29 U.S.C. § 1105(a)(3). In addition, although the Third Circuit has not yet addressed the question of which party bears the burden of proving causation, see In re Unisys Saw. Plan Litig., 173 F.3d at 160, there must be a causal connection between the defendants’ failure to make reasonable remedial efforts and the Plan’s losses, see Silverman, 138 F.3d at 104 (2d Cir.1998) (<HOLDING>). a. Liquidation of the Fund A genuine issue of
holding that section 20 claims are governed by section 1658b bjecause section 20 merely creates a derivative liability for violations of other sections of the act holding that a claim under the equal protection section of section 19853 requires proof of classbased animus holding that section 409 requires a causal connection for liability under section 405a3 holding that plaintiff had failed to state a claim for relief under section 1983 holding that section 4a12 is a broadly applicable section of the guidelines