In Clark v. IBM, No. 21-13181, 2022 WL 176136 (11th Cir. Jan. 20, 2022), a suit involving a claim for ERISA-governed benefits, the district court dismissed Plaintiff-Appellant Blondell Garner Clark’s claim against IBM for failing to exhaust administrative remedies. Proceeding pro se, Clark appealed the district court’s denial of her post-judgment motion for a new trial, which she filed 21 months after the district court’s decision. The Eleventh Circuit affirmed the district court’s decision because Clark’s motion was untimely under both Rule 59(e) and Rule 60(b). Under Rule 59(e), a motion to alter or amend must be filed within 28 days of the judgment. Under Rule 60(b), a motion for relief from a judgment must be filed no more than a year after the entry of the judgment.
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