Opinion
No. 07-1607.
Submitted: June 6, 2008.
Filed: July 7, 2008.
Appeal from the United States District Court for the District of Minnesota.
David O.N. Johnson, Meyer Puklich, Eden Prairie, MN, for Appellant.
John Harper III, Terrance J. Wagener, Krass Monroe, Minneapolis, MN, for Appellee.
Before BYE, SMITH, and BENTON, Circuit Judges.
[UNPUBLISHED]
Sheryl Louden appeals the district court's adverse grant of summary judgment in her Employment Retirement Income Security Act (ERISA) lawsuit against UNUM Life Insurance Company of America (UNUM) arising from the termination of long term disability benefits. Her sole argument on appeal is that the district court erred in applying a deferential abuse-of-discretion standard of review. We find nothing improper in the way the district court conducted its review. See Metro. Life his. Co. v. Glenn, ___ U.S. ___, 128 S.Ct. 2343, 171 L.Ed.2d 299 (2008) (clarifying judicial standard of review where entity is both insurer and administrator of ERISA benefits plan, and plan gives discretionary authority to administrator to determine eligibility for benefits); Torres v. UNUM Life his. Co. of Am., 405 F.3d 670, 677 (8th Cir. 2005) (reviewing de novo district court's determination as to proper judicial standard of review). Accordingly, we affirm. See 8th Cir. R. 47B.
The Honorable Patrick J. Schiltz, United States District Judge for the District of Minnesota.