RECONSIDERATION
STANDARD OF REVIEW = ABUSE OF DISCRETION

(Ohio law applied to determine common law marriage).⁵ Since the domestic relations issue here arose in the determination of the right to receive benefits under FEGLI, a federal statute, the district court erred to the extent its decision not to grant the motion to reconsider relied upon its inclination not to review domestic relations issues when state law provides the rule of decision. However, we find no abuse of discretion in the district court's determination that the evidence would not be considered because it was not newly discovered and its credibility was doubtful.

⁵ Although the appropriate standard of review is generally whether an abuse of discretion has occurred, when the lower court rejects an application under Rule 59(e) based upon an erroneous legal doctrine, our standard of review is the same as in other cases of legal error.