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Supreme Court Weighs Intel ERISA Claims Over Fund Underperformance

By Drooid · Oct 7, 2026, 1:32 AM UTC · How we work

Summary

Story summary

The U.S. Supreme Court is hearing Anderson v. Intel, a case about employer-retirement fund underperformance.
Justice Neil Gorsuch said the Court will not decide if underperformance alone shows imprudence.
Justice Amy Coney Barrett pressed attorneys on whether a comparator fund is required to prove underperformance.
Intel argues plaintiffs must identify a comparable fund before alleging an ERISA violation.
Plaintiffs claim Intel’s heavy hedge-fund and private-equity allocations harmed retirement-account returns.

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Story summary

The U.S. Supreme Court is hearing Anderson v. Intel, a case about employer-retirement fund underperformance.
Justice Neil Gorsuch said the Court will not decide if underperformance alone shows imprudence.
Justice Amy Coney Barrett pressed attorneys on whether a comparator fund is required to prove underperformance.
Intel argues plaintiffs must identify a comparable fund before alleging an ERISA violation.
Plaintiffs claim Intel’s heavy hedge-fund and private-equity allocations harmed retirement-account returns.