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plaintiff had standing as an ERISA plan participant to seek relief under 29 U.S.C. section 1132(a)(2), despite having withdrawn all of his assets from his plan.
Argued and Submitted May 8, 2009
Filed July 14, 2009
Opinion by Judge Gould
Robert P. Davis, Mayer Brown LLP, Los Angeles, CA