A Republican bill with 1 Republican cosponsor · See the cosponsor
Last activity — Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 13.
Introduced, nothing more yet
Formally proposed, and not yet handed to a committee.
Nearly every bill is sent to a committee within days. Introduction alone is not a sign of support, of momentum, or of any likelihood of passing — any member may introduce any bill.
Its path through Congress
- Introduced
What this bill would do
The ERISA Litigation Reform Act aims to amend the Employee Retirement Income Security Act of 1974. It focuses on strengthening the pleading standards for certain types of claims. The bill introduces new requirements for plaintiffs regarding what they must plausibly allege and prove in civil actions. Additionally, it establishes rules for staying discovery and other proceedings during certain legal motions.
Yes
- Scored +2
Does this make it easier to run a small business?
The bill reduces litigation costs for plan fiduciaries by staying discovery during pending motions.
The opposite· 3 of 5
- Scored -3
Would people over 65 be better off under this?
The bill makes it harder for plaintiffs to pursue claims against fiduciaries managing retirement plan assets.
- Scored -3
Would union members be better off under this?
The heightened pleading standards and discovery stays may hinder workers' ability to litigate ERISA claims.
- Scored -3
Does this protect the right to fair treatment by the courts?
The bill shifts the burden of proof to plaintiffs to plausibly allege and prove transactions are not exempt.
Who it would affect, and how
Potential Positive Impacts for People
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Discovery Stays: Under Section 2(p)(1), all discovery and other proceedings shall be stayed during the pendency of certain motions, which could prevent the costs or disruptions of discovery while a motion is being considered.
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Document Preservation Protections: Section 2(p)(2) requires parties with actual knowledge of allegations to treat relevant documents, data, and objects as if they were under a continuing request for production, which helps ensure that evidence is preserved.
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Sanctions for Non-compliance: Section 2(p)(3) allows a party to apply to the court for an order awarding appropriate sanctions if an opposing party willfully fails to comply with document preservation obligations.
Potential Negative Impacts for People
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Increased Burden on Plaintiffs: Section 2(p)(n) and (o) place the burden on a plaintiff to plausibly allege and prove that a transaction is not exempt from certain sections, which could make it harder for people to bring successful claims against fiduciaries.
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Discovery Stays: Section 2(p)(1) mandates that discovery and other proceedings be stayed during the pendency of motions under Rule 12 or pending replies to answers, unless a court finds particularized discovery is necessary to preserve evidence or prevent undue prejudice.
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State Court Stays: Section 2(p)(4) allows a court to stay discovery proceedings in a State court, which could impact the progress of civil actions in those jurisdictions.
Groups and Interests Ranking
Every group the model scored this bill for, from -10 to +10. Tap or hover a score for the reason it gave.
- Demographic And Interest Groups
- Would people over 65 be better off under this? — The bill makes it harder for plaintiffs to pursue claims against fiduciaries managing retirement plan assets. Would union members be better off under this? — The heightened pleading standards and discovery stays may hinder workers' ability to litigate ERISA claims. Would households on low incomes be better off under this? — Increased burdens on plaintiffs may reduce the ability of workers to hold plan fiduciaries accountable.
- Governance And Ideology
- Does this protect the right to fair treatment by the courts? — The bill shifts the burden of proof to plaintiffs to plausibly allege and prove transactions are not exempt. Does this make what the government does easier for the public to see? — The discovery stay requirements may delay the public release of information related to fiduciary actions.
- Economy And Finance
- Does this make it easier to run a small business? — The bill reduces litigation costs for plan fiduciaries by staying discovery during pending motions.
- 3/18/2026
- 1 Cosponsor added.
- 3/17/2026
- Committee Consideration and Mark-up Session Held
- Ordered to be Reported (Amended) by the Yeas and Nays: 19 - 13.
- 11/18/2025
- Referred to the Committee on Education and Workforce, and in addition to the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
- Introduced in House
Virginia FoxxRepublican · North Carolina