holding that argument not raised in opening brief is waived
How later courts described this case
- holding that argument not raised in opening brief is waived
Written by the judges who cited it.
The opinion
UNPUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 14-1032
GREGORY KANE,
Plaintiff – Appellant,
v.
UPS PENSION PLAN BOARD OF TRUSTEES,
Defendant - Appellee.
Appeal from the United States District Court for the District of
Maryland, at Baltimore. Richard D. Bennett, District Judge.
(1:11-cv-03719-RDB)
Submitted: September 23, 2014 Decided: October 1, 2014
Before SHEDD, WYNN, and DIAZ, Circuit Judges.
Affirmed by unpublished per curiam opinion.
Denise M. Clark, CLARK LAW GROUP, PLLC, Washington, D.C., for
Appellant. J. Timothy McDonald, THOMPSON HINE LLP, Atlanta,
Georgia, for Appellee.
Unpublished opinions are not binding precedent in this circuit.
PER CURIAM:
Gregory Kane appeals from the district court’s orders
granting summary judgment to Appellee and denying Kane’s motion
to reinstate a claim. We have reviewed the briefs of the
parties and the record, and we find no reversible error.
Accordingly, we affirm for the reasons stated by the district
court. Kane v. UPS Pension Plan, No. 1:11-cv-03719-RDB (D. Md.
Oct. 23 & Dec. 11, 2013). In addition, we note that Kane raised
certain claims regarding his motion to reinstate for the first
time in his reply brief. We find these claims waived. Equal
Rights Ctr. v. Niles Bolton Assocs., 602 F.3d 597, 604 n.4 (4th
Cir. 2010) (holding that argument not raised in opening brief is
waived). We dispense with oral argument because the facts and
legal contentions are adequately presented in the materials
before this court and argument would not aid the decisional
process.
AFFIRMED
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