Harris v. Amgen

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court dismissed Harriss claims on the ground that he lacked standing as an ERISA plan "participant" because he had withdrawn all of his assets from his plan.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 Ramoss claims, reasoning that although Ramos had standing, he did not allege any claims against defendants who were fiduciaries under the plan. The district court then denied Plaintiffs leave to amend their complaint.