( September 1, 2026, 10:51 AM EDT) -- WASHINGTON, D.C. — Urging the U.S. Supreme Court to deny a certiorari petition filed by participants in “top hat” deferred compensation and retirement plans, the U.S. government says in an Aug. 31 amicus curiae brief that the Sixth Circuit U.S. Court of Appeals “erred in its analysis of surcharge” but “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; simultaneously, the U.S. Department of Labor (DOL) asked the Fifth Circuit for permission to file a late amicus brief in a separate ERISA case arguing that “surcharge is a form of ‘appropriate equitable relief’ that may be awarded for claims brought against fiduciaries for breaches of fiduciary duties.”...