( October 9, 2026, 7:27 AM EDT) -- WASHINGTON, D.C. — Ahead of the Oct. 9 U.S. Supreme Court conference for which their certiorari petition has been distributed, participants in “top hat” deferred compensation and retirement plans filed a response to the government’s amicus curiae brief that said “this case’s idiosyncratic factual context makes it an unsuitable vehicle for clarifying the propriety of surcharge relief” under the Employee Retirement Income Security Act even though the government viewed the challenged decision as erroneous....