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Cert. Granted

Anderson v. Intel Corporation Investment Policy Committee

Docket No.25-498
Op. Below9th Cir.
ArgumentOct 6, 2026

Issue

Whether, for claims predicated on fund underperformance, pleading that an Employee Retirement Income Security Act fiduciary failed to use the requisite “care, skill, prudence, or diligence” under the circumstances and thus breached ERISA’s duty of prudence when investing plan assets requires alleging a “meaningful benchmark.”

Proceedings & orders timeline

Aug 1, 2025
Application (25A146) to extend the time to file a petition for a writ of certiorari from August 20, 2025 to October 19, 2025, submitted to Justice Kagan.
Aug 7, 2025
Application (25A146) granted by Justice Kagan extending the time to file until October 19, 2025.
Oct 20, 2025
Petition for a writ of certiorari filed. (Response due November 21, 2025)
Oct 27, 2025
Motion to extend the time to file a response from November 21, 2025 to December 12, 2025, submitted to The Clerk.
Oct 29, 2025
Motion to extend the time to file a response is granted and the time is extended to and including December 12, 2025.
Dec 9, 2025
Brief of respondents Intel Corporation Investment Policy Committee, et al. in opposition filed.
Dec 23, 2025
DISTRIBUTED for Conference of 1/9/2026.
Dec 23, 2025
Reply of petitioners Winston R. Anderson, et al. filed. (Distributed)
Jan 12, 2026
DISTRIBUTED for Conference of 1/16/2026.
Jan 16, 2026
Petition GRANTED.
Jan 30, 2026
Motion for an extension of time to file the briefs on the merits filed.
Feb 5, 2026
Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is extended to and including April 13, 2026. The time to file respondents' brief on the merits is extended to and including June 22, 2026.
Apr 6, 2026
Motion for a further extension of time to file the briefs on the merits filed.
Apr 9, 2026
Motion to further extend the time for filing the briefs on the merits granted. The time to file the joint appendix and petitioners' brief on the merits is further extended to and including April 23, 2026. The time to file respondents' brief on the merits is further extended to and including July 2, 2026.
Apr 23, 2026
Joint appendix filed. (Statement of costs filed)
Apr 23, 2026
Brief of petitioners Winston R. Anderson, et al. filed.
Apr 27, 2026
Brief amici curiae of AARP, et al. filed.
Apr 29, 2026
Brief amicus curiae of American Association for Justice filed.
Apr 30, 2026
Brief amici curiae of Phyllis C. Borzi, et al. filed.
Apr 30, 2026
Brief amici curiae of Investment Law Scholars filed.
Apr 30, 2026
Brief amici curiae of Americans for Financial Reform, et al. filed.
Jul 2, 2026
Brief of Intel Corporation Investment Policy Committee, et al. not accepted for filing. (To be corrected - July 09, 2026)
Jul 2, 2026
Brief of respondents Intel Corporation Investment Policy Committee, et al. filed. (corrected - July 10, 2026).
Jul 9, 2026
Brief amici curiae of The American Investment Council, et al. filed.
Jul 9, 2026
Brief amicus curiae of American Benefits Council filed.
Jul 9, 2026
Brief amicus curiae of The National Association of Manufacturers filed.
Jul 9, 2026
Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed.
Jul 9, 2026
Brief amicus curiae of Investment Company Institute filed.
Jul 9, 2026
Brief amicus curiae of United States filed.
Jul 9, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Aug 3, 2026
Reply of petitioners Winston R. Anderson, et al. filed.
Aug 4, 2026
SET FOR ARGUMENT on Tuesday, October 6, 2026.
Aug 10, 2026
Record requested from the United States Court of Appeals for the Ninth Circuit.
Aug 10, 2026
Record received from the United States Court of Appeals for the Ninth Circuit. The record is electronic and is available on PACER.
Aug 12, 2026
CIRCULATED
Aug 17, 2026
Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.

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