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MELLO v. SARA LEE CORP.

No. 04-60814.

431 F.3d 440 (2005)

Frank C. MELLO, Plaintiff-Appellee, v. SARA LEE CORPORATION, et al., Defendants, Sara Lee Corporation; Sara Lee Corporation Consolidated Pension and Retirement Plan, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

November 22, 2005.

Attorney(s) appearing for the Case

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

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

Before GARWOOD, SMITH and CLEMENT, Circuit Judges.

EDITH BROWN CLEMENT, Circuit Judge:

The appellant, Sara Lee Corporation, appeals the district court's grant of summary judgment for the appellee, Frank Mello. The district court applied ERISA-estoppel and found that because Mello, a Sara Lee employee, relied on the oral assurances of a company executive and on non-binding monthly pension statements to determine the value of his pension, Sara Lee was estopped from correcting...

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