Government To High Court: Resolve ERISA Meaningful Benchmarks Circuit Split

( December 10, 2025, 12:44 PM EST) -- WASHINGTON, D.C. — In a Dec. 9 amicus curiae brief urging the U.S. Supreme Court to grant a certiorari petition, the U.S. government opines that there were two significant errors in the challenged decision concerning the role benchmarks play in pleading Employee Retirement Income Security Act claims; the 2-1 ruling by a Sixth Circuit U.S. Court of Appeals panel revived a putative class action over a passively managed Northern Trust Focus Funds suite of target date funds (TDFs)....