ERISA Fiduciary Duty Standards Supreme Court Case

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SUMMARY

The U.S. Supreme Court is set to hear *Anderson v. Intel Corp. Investment Policy Committee* during its October 2026-2027 term, a case that will examine pleading standards for ERISA fiduciary duty claims, specifically whether plaintiffs must plead a "meaningful benchmark" at the motion-to-dismiss stage. As of July 22, 2026, a federal judge in Atlanta allowed three ERISA claims to proceed against a former retirement plan fiduciary, including claims of fiduciary duty breaches, prohibited transactions, and co-fiduciary liability, following the Supreme Court's agreement to hear the Intel case. The Department of Labor (DOL) filed an amicus brief on July 10, 2026, urging the Supreme Court to affirm the dismissal of imprudence claims against Intel, clarifying that ERISA imprudence claims alleging underperformance require plaintiffs to identify a "meaningful benchmark" with comparable goals and strategies. This marks a shift in the DOL's stance, which reversed its previous position in February 2026 to support efforts to curb ERISA litigation, and follows a significant April 2025 Supreme Court decision in *Cunningham v. Cornell University* that shifted the burden of proof to plan fiduciaries regarding prohibited transaction claims.

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Timeline of developments

July 2026 2 developments

  1. Federal Judge Allows ERISA Claims Against Retirement Plan Fiduciary to Proceed

    A federal judge in Atlanta allowed three ERISA claims to proceed against a former retirement plan fiduciary, including claims of fiduciary duty breaches, prohibited transactions, and co-fiduciary liability. This development follows the Supreme Court's agreement to hear *Anderson v. Intel Corp. Investment Policy Committee*, which will examine pleading standards for ERISA fiduciary duty claims.

  2. US Department of Labor Files Amicus Brief in ERISA Case Against Intel

    The U.S. Department of Labor filed an amicus brief on July 10, 2026, urging the Supreme Court to affirm the dismissal of imprudence claims against Intel Corporation's 401(k) plan investment committee. The brief clarifies that ERISA imprudence claims alleging underperformance require plaintiffs to identify a "meaningful benchmark" with comparable goals and strategies.

June 2026 1 developments

  1. Supreme Court to Consider New Pleading Standard for ERISA Class Actions

    The Supreme Court is considering the case Johnson v. Parker-Hannifin, which could establish a new pleading standard for ERISA class actions. The Department of Labor has urged the Court to take the case, arguing that workers should provide benchmark data to support their claims.

April 2026 1 developments

  1. Supreme Court Shifts Burden of Proof to Plan Fiduciaries in Cunningham v. Cornell University

    A significant April 2025 Supreme Court decision in Cunningham v. Cornell University shifted the burden of proof to plan fiduciaries regarding prohibited transaction claims. The Department of Labor also released a proposed regulation on March 30, 2026, concerning fiduciary duties in selecting investment alternatives, aiming to provide a safe harbor.

March 2026 1 developments

  1. Supreme Court Reschedules Oral Arguments for Anderson v. Intel Corp. to October 2026-2027 Term

    Oral arguments for Anderson v. Intel Corp. have been rescheduled for the Supreme Court's October 2026-2027 term. The case will address whether plaintiffs must plead a "meaningful benchmark" at the motion-to-dismiss stage for ERISA claims.

February 2026 1 developments

January 2026 3 developments

May 2025 1 developments

  1. Ninth Circuit affirms dismissal of Anderson's ERISA claims

    The Ninth Circuit Court of Appeals affirmed the district court's dismissal of Anderson's claims, ruling that he failed to plausibly allege a breach of either the duty of prudence or the duty of loyalty. The court emphasized that Anderson did not provide a 'meaningful benchmark' for comparison and that ERISA's prudence duty focuses on the fiduciary's methods, not the investment outcomes.

August 2019 1 developments

  1. Former Intel Employee Sues Intel Over Alleged Retirement Plan Mismanagement

    Winston Anderson, a former Intel employee, filed a class-action lawsuit against Intel's retirement plan fiduciaries, alleging breaches of fiduciary duty under ERISA. The lawsuit claimed that Intel acted imprudently by investing plan assets in hedge funds and private equity funds, and breached its duty of loyalty by steering retirement funds to companies in which Intel Capital had already invested.