( January 9, 2026, 11:20 AM EST) -- NEW YORK — Pushing back on a recent request by the U.S. Department of Labor (DOL) to withdraw a December 2023 amicus curiae brief in an appeal involving whether the “could have” standard used in damages instructions is grounds for overturning judgment in an Employee Retirement Income Security Act class action that went before a jury, retirement plan participants on Jan. 8 urged the Second Circuit U.S. Court of Appeals to deny the request because “DOL fails to provide any logical basis, let alone reasoned analysis, for abandoning the persuasive argument in its amicus brief.”...