Blair v. National City Mortgage Corp. Welfare Benefits Plan , 472 F. App'x 157 ( 2012 )


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  •                               UNPUBLISHED
    UNITED STATES COURT OF APPEALS
    FOR THE FOURTH CIRCUIT
    No. 11-1958
    EVA LYNN BLAIR,
    Plaintiff - Appellant,
    v.
    NATIONAL CITY MORTGAGE CORPORATION WELFARE BENEFITS PLAN;
    LIBERTY LIFE ASSURANCE COMPANY OF BOSTON, a/k/a Liberty
    Mutual Group,
    Defendants - Appellees.
    Appeal from the United States District Court for the District of
    Maryland, at Greenbelt.      Alexander Williams, Jr., District
    Judge. (8:09-cv-00906-AW)
    Submitted:   April 19, 2012                   Decided:   May 1, 2012
    Before KING, SHEDD, and AGEE, Circuit Judges.
    Affirmed by unpublished per curiam opinion.
    Denise M. Clark, Julia Roumm, CLARK LAW GROUP, PLLC, Washington,
    D.C., for Appellant.   Gina D. Wodarski, EDWARDS WILDMAN PALMER
    LLP, Boston, Massachusetts; Fiona W. Ong, SHAWE & ROSENTHAL,
    LLP, Baltimore, Maryland, for Appellees.
    Unpublished opinions are not binding precedent in this circuit.
    PER CURIAM:
    Eva    Lynn    Blair      appeals    the    district     court’s       orders
    granting summary judgment to Defendants in her civil action,
    and   denying        her   motion       to   reconsider     under     Fed.    R.    Civ.    P.
    59(e).     Our review of the record reveals that Blair’s outside
    work for pay understandably terminated her entitlement to the
    long-term disability benefits she had been receiving from her
    former employer’s welfare benefit plan, which was covered by the
    Employee      Retirement       Income        Security     Act   (“ERISA”).          We    have
    reviewed the record and find no reversible error.                            See generally
    Firestone Tire & Rubber Co. v. Bruch, 
    489 U.S. 101
    , 115 (1989)
    (providing de novo review for denial of ERISA benefits, absent a
    grant    of     discretion         to    administrator        in   contested        benefits
    plan); Bogart v. Chappell, 
    396 F.3d 548
    , 555 (4th Cir. 2005)
    (noting that Rule 59(e) motions are reviewed for an abuse of
    discretion).          Accordingly, we affirm for the reasons stated by
    the district court.                Blair v. Nat’l City Mortg. Corp. Welfare
    Benefits      Plan,    No.     8:09-cv-00906-AW         (D.     Md.   June    20,    2011   &
    Sept. 2, 2011).              We dispense with oral argument because the
    facts    and    legal      contentions        are   adequately        presented      in    the
    materials      before        the    court     and   argument       would     not    aid    the
    decisional process.
    AFFIRMED
    2
    

Document Info

Docket Number: 11-1958

Citation Numbers: 472 F. App'x 157

Judges: Agee, King, Per-Curiam, Shedd

Filed Date: 5/1/2012

Precedential Status: Non-Precedential

Modified Date: 8/5/2023