Harris v. Amgen, Inc., No. 08-55389

In an action alleging that Defendants breached their fiduciary duties under ERISA in the operation of a corporation's retirement plans, the dismissal of the complaint is reversed where plaintiff had standing as an ERISA plan participant to seek relief under 29 U.S.C. section 1132(a)(2), despite having withdrawn all of his assets from his plan.

Read Harris v. Amgen, Inc., No. 08-55389

Appellate Information

Argued and Submitted May 8, 2009

Filed July 14, 2009

Judges

Opinion by Judge Gould

Counsel

For Appellants:

Mark C. Rifkin, Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, CA

For Appellees:

Steven O. Kramer, Mayer Brown LLP, Los Angeles, CA

Robert P. Davis, Mayer Brown LLP, Los Angeles, CA