United States First Circuit

In a suit by a federal employee challenging defendant's denial of her claim for long-term disability benefits, summary judgment for defendant is affirmed where: 1) the district court did not abuse its discretion in relying on an affidavit submitted with defendant's summary judgment reply, thus it correctly ruled that plaintiff's original complaint was preempted by ERISA; and 2) the defendant did not abuse its discretion by failing to consider plaintiff's job description until the appeal process or by improperly relying on a lack of objective evidence.

Appellate Information

• Decided 02/14/2008
• Published 02/14/2008

Judges

• HOWARD, Circuit Judge., Before BOUDIN, Chief Judge, SELYA, Senior Circuit Judge, and HOWARD, Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Jordan M. Lewis, with whom Siegel, Brill, Greupner, Duffy & Foster, P.A., Christopher M. Lefebvre, Law Offices of Claude F. Lefebvre & Sons, and S. Carolina Africano were on brief, for appellant.


• For Appellees:
  
• Mark A. Pogue, with whom Edwards Angell Palmer & Dodge LLP was on brief, for appellee.