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DOL Amicus Briefs Request Supreme Court Review of Two Key ERISA Fiduciary Decisions and Support Sponsor Fiduciaries
October Three Consulting 
Dec. 16, 2025 "It is interesting that the Supreme Court requested briefs from DOL with respect to both certiorari petitions and that DOL is now taking an explicitly pro-sponsor position. Indeed, in Home Depot the position it is arguing for -- that the plaintiff bears the burden of showing loss-causation -- is a reversal of the position it had taken in two previous amicus briefs to the Court.... In its briefs DOL cites concerns about excessive litigation resulting in 'increased costs,' decreased 'efficiency' and 'predictability,' and a reduction in 'investment choices.' " |
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