News & Analysis as of

Consolidated Omnibus Budget Reconciliation Act Department of Labor (DOL) Class Action

Maynard Nexsen

Recent Litigation Emphasizes the Importance of Using Correct COBRA Notices

Maynard Nexsen on

In Marrow v. E.R. Carpenter Co., Inc., a former employee filed a proposed class action lawsuit against her employer, claiming that the company’s group health plan failed to provide a proper COBRA election notice. The employee...more

McDermott Will & Emery

Takeaways from a Recent COBRA Notice Class Action Settlement

Recent years have seen a barrage of class action lawsuits alleging that group health plan continuation coverage election notices, required under the Consolidated Omnibus Budget Reconciliation Act (COBRA), are deficient in one...more

Jackson Lewis P.C.

Plaintiffs’ Bar Shows Renewed Interest in COBRA Notice Litigation

Jackson Lewis P.C. on

Numerous Fortune 500 companies around the country have recently seen a barrage of cases alleging that notices required under the Consolidated Omnibus Budget Reconciliation Act (COBRA) fail to provide all information required...more

Woodruff Sawyer

Protecting Against the ERISA Litigation Surge

Woodruff Sawyer on

ERISA litigation has exploded in the past few years, particularly cases alleging excessive fees. Last year was the high-water mark for ERISA class actions with over 200 cases filed, an 80% increase from 2019. 2021 is on track...more

American Conference Institute (ACI)

[Virtual Event] 18th NATIONAL FORUM ON ERISA Litigation - November 18th - 19th, 10:45 am - 1:30 pm EST

Join us virtually to ensure that you are equipped with the latest updates and strategies to prevent, manage and defend against rising, costly ERISA disputes. There has never been a more critical time to “compare notes”...more

Jackson Lewis P.C.

Class Action Trends Report Summer 2020

Jackson Lewis P.C. on

Employers continue to grapple with an ongoing, unprecedented public health crisis caused by the COVID-19 pandemic and its after-effects, which have profoundly disrupted the nation’s economy and U.S. workplaces. In this issue,...more

Seyfarth Shaw LLP

How COBRA Got Her Groove Back: Old Law Gets New Focus From DOL, Class Action Plaintiffs’ Attorneys

Seyfarth Shaw LLP on

Synopsis: After falling out of favor post-Affordable Care Act, when Health Insurance Marketplace coverage became a far more attractive post-termination health coverage alternative, everyone is once again talking about COBRA...more

Carlton Fields

Forewarned Is Forearmed: Why Companies Need to Review Their COBRA Notices to Avoid Growing Class Action Trend

Carlton Fields on

Even before the current pandemic crisis, we have noticed a growing trend in the filing of class action lawsuits challenging, under the Consolidated Omnibus Budget Reconciliation Act (COBRA), notices required to be issued by...more

Dorsey & Whitney LLP

Don’t Get Bitten by Your COBRA Notices

Dorsey & Whitney LLP on

In a growing wave of class action lawsuits, plaintiffs are targeting employers who have allegedly failed to provide proper notice of health care coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985...more

Kilpatrick

How to Ride the Wave of COBRA Notice Litigation without Wiping Out

Kilpatrick on

As employers have noticed, there is a growing wave of COBRA notice class action lawsuits filed against large employers with at least six cases being filed in 2019 alone. In each of the cases, the plaintiffs allege that the...more

Jackson Lewis P.C.

COBRA Notices Potentially Subject To Class Action Litigation If Not Complete

Jackson Lewis P.C. on

While notices pursuant to the Consolidated Omnibus Budget Reconciliation Act (“COBRA”) are viewed as fairly standard, some plaintiffs’ counsel have recently zoomed in on the type of information included in these notices....more

Neal, Gerber & Eisenberg LLP

Employee Benefits Alert

Use of Forfeitures for Safe Harbor Contributions, QNECS and QMACS - The Internal Revenue Service (IRS) recently issued final regulations allowing forfeitures in 401(k) plans to be used to fund safe harbor contributions,...more

Perkins Coie

Avoiding COBRA’s Bite: Measures to Counter COBRA Class Actions

Perkins Coie on

With the filing of a class action complaint in late 2016 in the U.S. District Court for the Southern District of Florida, Wal-Mart Stores, Inc. became the latest large company accused of failing to provide adequate notices as...more

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