United States Fifth Circuit

Summary judgment for plaintiff, estopping defendant under ERISA from correcting a clerical error that reduced the amount of plaintiff's pension benefits, is reversed and the case dismissed as a matter of law where plaintiff could not have reasonably relied on informal communications to modify or supersede unambiguous plan terms.

Appellate Information

• Decided 11/22/2005
• Published 11/28/2005

Judges

• EDITH BROWN CLEMENT, Circuit Judge:, Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

Court

• United States Fifth Circuit

Counsel

• For Appellant:
  
• Kaye K. Houser (argued), Stephen R. Geisler, Sirote & Permutt, Birmingham, AL, William Thomas Cooper, Gholson, Hicks & Nichols, Columbus, MS, for Mello.


• For Appellees:
  
• Michael Todd Graham (argued), McDermott, Will & Emery, Chicago, IL, for Defendants-Appellants.