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Intel Case May Clarify Dismissal Standard For 401(k) Suits

Reported by Law360
Oct 5, 2026· 2 min read
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Key Takeaways
  • • The U.S. Supreme Court will hear oral arguments on Tuesday, October 8, 2026, in a case brought by former Intel Corp. workers challenging the company's 401(k) plan investments.
  • • The ruling has potential to clarify the legal dismissal standard for Employee Retirement Income Security Act (ERISA) suits alleging inadequate or "shoddy" investment options in retirement plans.
  • • The case tests the threshold requirements plaintiffs must meet to survive early dismissal motions in fiduciary duty challenges to 401(k) plan design.
Summary
The Supreme Court is preparing to hear arguments in a significant ERISA case involving former Intel employees who allege their retirement savings were damaged by poor investment selections within the company's 401(k) plan. The case, scheduled for oral arguments on October 8, 2026, addresses the central question of what legal standard governs whether such challenges can proceed past the motion-to-dismiss stage.

The Intel case carries broad implications for the retirement plan litigation landscape. A Supreme Court decision could establish clearer guidelines for plaintiffs attempting to bring fiduciary duty claims against employers and plan administrators over allegedly substandard investment options, benchmark selection, or fee structures within 401(k) plans. Currently, lower courts apply varying standards when evaluating whether plaintiffs have pleaded sufficient facts to survive dismissal, creating inconsistency across jurisdictions.

The outcome may influence both the volume and viability of future ERISA litigation targeting plan design decisions, affecting how companies structure retirement offerings and what legal exposure they face for investment-related claims by participants and former participants.

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Sources

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Law360 Intel Case May Clarify Dismissal Standard For 401(k) Suits