"[T]he government asserted that the Sixth Circuit's ruling is incorrect and identifies two principal errors. The first error is the Sixth Circuit's conclusion that a plaintiff need not allege a meaningful benchmark to state a plausible claim of imprudence based on relative underperformance.... The second error asserted is the Sixth Circuit's acceptance that the plaintiffs below had pled a meaningful benchmark when asserting that the S&P Target Date Fund (TDF) was an appropriate comparator to the challenged funds." [Johnson v. Parker-Hannifin Corp., No. 24-3014 (6th Cir. Nov. 20, 2024; cert. pet filed Mar. 26, 2025, No. 24-1030; DOL amicus brief filed Dec. 9, 2025)\]  MORE >>