United States Ninth Circuit

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plaintiff had standing as an ERISA plan participant to seek relief under 29 U.S.C. section 1132(a)(2), despite having withdrawn all of his assets from his plan.

Appellate Information

• Argued 05/08/2009
• Decided 07/14/2009
• Published 07/14/2009

Judges

• Before BETTY B. FLETCHER, RAYMOND C. FISHER, and RONALD M. GOULD, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Francis M. Gregorek, Betsy C. Manifold, Rachele R. Rickert, and Mark C. Rifkin (argued), Wolf Haldenstein Adler Freeman & Herz LLP, San Diego, CA, and Thomas J. McKenna, Gainey & McKenna, New York, NY, for the plaintiffs-appellants.


• For Appellees:
  
• Steven O. Kramer, John Nadolenco, Mack Anderson, Robert P. Davis (argued), and Michele L. Odorizzi, Mayer Brown LLP, Los Angeles, CA, for the defendants-appellees.