Vaughn
Vaughn v. Bay Environmental Management, Inc.
Opinion
Opinion
Fletcher, J.
ORDER AND AMENDED OPINION
ORDER
The opinion filed on September 19, 2008 and appearing at 544 F.3d 1008 (9th Cir. 2008), is amended as follows. At 544 F.3d at 1010 , delete the paragraph in Section II and substitute the following paragraph in its stead: see also LaRue v. DeWolff, Boberg & Assocs., Inc., 553 U.S. --, 128 S.Ct. 1020, 1024 , 169 L.Ed.2d 847 (2008) (“As the case comes to us we must assume that respondents breached fiduciary obligations defined in [ERISA] § 409(a), and that those breaches had an adverse impact on the value of the plan assets in petitioner’s individual account.”).
The mandate shall issue forthwith.
OPINION
This case requires us to consider whether a former employee who has received a full distribution of his or her account balance under a defined contribution pension plan has standing as a plan participant to file suit under the Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. § 1001 et seq., to recover losses occasioned by a breach of fiduciary duty that allegedly reduced the amount of his or her benefits. We join the First, Third, Fourth, Sixth, Seventh, and Eleventh Circuits, and hold that these former employees have standing to…