July 22, 2019

July 22, 2019

Subscribe to Latest Legal News and Analysis

Second Circuit Affirms Dismissal of Claim Arising from Incorrectly Addressed COBRA Notice

In Vangas v. Montefiore Medical Center, 2016 WL 2909354 (2d Cir. May 19, 2016), the Second Circuit affirmed the district court’s holding that an employer is not liable for failing to provide a COBRA notice to a terminated employee under ERISA § 502(c) where the employer followed reasonable procedures to ensure that notices were properly mailed.  The Court rejected the terminated employee’s argument that the notice was deficient because it was incorrectly addressed to “Cornwallonhuds, New York,” rather than to her actual address, “Cornwall-on-Hudson, New York.” 

In so ruling, it noted that the mailing contained the proper zip code and the terminated employee’s admission to “receiving eighteen other pieces of incorrectly addressed mail, including mail without the zip code” at that address.

© 2019 Proskauer Rose LLP.

TRENDING LEGAL ANALYSIS


About this Author

Neil Shah, Proskauer Rose, Labor Rights Lawyer, ERISA Litigation Attorney,
Associate

Neil Shah is an associate in the Labor & Employment Law Department and a member of the Employee Benefits, Executive Compensation & ERISA Litigation Practice Center.

Rutgers University School of Law, Newark, J.D., 2009

 

cum laude

Order of the Coif

Managing Editor, Rutgers Law Review

Dean's Merit Scholarship

 

New York University, College of Arts & Science, B.A., 2006...

973-274-3205