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U.S. Supreme Court Poised to Address ERISA Pleading Standards for Underperformance Claims
Baker Botts 
Feb. 5, 2026 "The question now before the Court is whether plaintiffs alleging imprudence based on underperformance must plead a 'meaningful benchmark' at the motion-to-dismiss stage and, if so, how closely the comparator must align with the challenged fund's objectives, risks, and strategy.... Briefing and oral argument will occur this spring and a decision is expected in or before June 2026." [Anderson v. Intel Corp. Inv. Policy Comm., No. 22-16268 (9th Cir. May 22, 2025; cert. pet. granted Jan 16, 2026, No. 25-498)] MORE >> |
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