GEARLDS v. ENTERGY SERVICES, INC.

No. 12-60461.

709 F.3d 448 (2013)

Aaron GEARLDS, Jr., Plaintiff-Appellant v. ENTERGY SERVICES, INCORPORATED; Entergy Mississippi, Incorporated, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

February 19, 2013.


Attorney(s) appearing for the Case

Robert Overton Waller , Trial Attorney, Waller & Waller, Jackson, MS, for Plaintiff-Appellant.

Robert Wilkinson Rachal , Senior Counsel, Kara Lynne Lincoln , Proskauer Rose, L.L.P., New Orleans, LA, Steven Russell Cupp , Jones Walker, Gulfport, MS, for Defendants-Appellees.

Melissa Revin Moore , Elizabeth Hopkins , U.S. Department of Labor, Office of the Solicitor, Washington, DC, for amicus curiae.

Before REAVLEY, PRADO, and ELROD, Circuit Judges.


REAVLEY, Circuit Judge:

Plaintiff Aaron Gearlds, Jr. appeals from the district court's dismissal of his suit alleging claims of equitable estoppel and breach of fiduciary duties pursuant to the Employee Retirement Income Security Act of 1974 ("ERISA"). The district court dismissed the suit under Federal Rule of Civil Procedure 12(b)(6). Because we conclude that Gearlds stated a claim for relief that is cognizable under ERISA, we REVERSE the district court's judgment...

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