Supreme Court·Oral argument

Today: Justices hear Intel 401(k) case on what workers must show to sue over retirement-plan investments

Published 6:00 AM CT, Tuesday, October 6, 2026 · Updated 6:13 AM CT
In the 6 AM CT update

The Supreme Court hears one hour of argument Tuesday in Anderson v. Intel Corporation Investment Policy Committee, No. 25-498, with Matthew Wessler for the workers, Charles McCloud for Intel and Assistant to the Solicitor General Aimee Brown arguing for the United States in support of Intel, according to the Court’s day call. The question is whether workers who claim a retirement-plan fiduciary acted imprudently because funds underperformed must point to a “meaningful benchmark,” a comparable fund, to get past the first stage of a lawsuit under the Employee Retirement Income Security Act, Cornell’s Legal Information Institute said. Former Intel employee Winston Anderson and others say Intel’s plan managers imprudently added hedge funds and private equity; a district court and the 9th Circuit dismissed the suit for lack of such a benchmark, while the 6th Circuit has said one is not always needed.

• Supreme Court
• Anderson v. Intel
• ERISA
• 401(k)
• Retirement savings
• Intel
• Private equity
• Hedge funds
• Oral argument
• October Term 2026