Forum

U.S. Supreme Court

Case Status

Pending

Docket Number

Term

2026 Term

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Questions Presented

Whether, for claims predicated on fund underperformance, pleading that an ERISA fiduciary failed to use the requisite “care, skill, prudence, or diligence” under the circumstances and thus breached ERISA’s duty of prudence when investing plan assets requires alleging a “meaningful benchmark.” 

Case Updates

U.S. Chamber files coalition amicus brief urging Supreme Court to hold that plaintiffs who rely on comparative performance to plead a breach of fiduciary duty must identify adequate comparators

July 09, 2026

U.S. Chamber Coalition Amicus Brief

Jaime A. Santos and Jordan Bock of Goodwin Procter LLP served as outside counsel.

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