Harris v. Amgen, Inc.
Court of Appeals for the Ninth Circuit
1Opinion of the Court
OPINION
GOULD, Circuit Judge:
Steve Harris and Dennis F. Ramos (collectively, “Plaintiffs”) sued Amgen, Inc. (“Amgen”) and several Amgen directors and officers, alleging that the defendants breached their fiduciary duties under the Employee Retirement Income Security Act (“ERISA”) in their operation of two ERISA retirement plans. The district court dismissed Harris’s claims on the ground that he lacked standing as an ERISA plan “participant” because he had withdrawn all of his assets from his plan. It also dismissed Ramos’s claims, reasoning that although Ramos had standing, he did not allege…
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