December 12, 2025
The Eleventh Circuit signaled it may be willing to change its precedent to make it easier for federal benefits lawsuits to get to the courthouse door, while the Second Circuit shut down a challenge to a union pension plan's private equity investment emphasis. Here's a look back at these and two other significant Employee Retirement Income Security Act litigation developments from the latter half of 2025 that benefits attorneys should have on their radar.
October 23, 2025
Former Intel employees urged the U.S. Supreme Court to review the dismissal of their suit claiming their retirement savings were pushed into subpar investment options, saying the Ninth Circuit imposed too strict a standard by requiring them to identify similar funds for comparison.