( January 3, 2024, 3:55 PM EST) -- NEW YORK — In an amicus curiae brief echoing the key contention made by Yale University 403(b) retirement plan participants, Acting U.S. Department of Labor (DOL) Secretary Julie A. Su urges the Second Circuit U.S. Court of Appeals to order a new trial in the Employee Retirement Income Security Act class action because the jury instructions erroneously used a “could have” rather than a “would have” standard....