"Visteon's COBRA notice system was not reasonably designed to ensure that Visteon complied with the law. Although ... corporations with large workforces may need to utilize third-parties to [administer their] various benefit programs, there is no evidence in the record to support a conclusion that Visteon knew whether or not its various (multiple) TPAs were properly administrating their individual functions at any given time until 2007 ... [T]here is no evidence that it was anyone's job at Visteon to keep track of which employees experienced a qualifying event, much less whether that individual received a COBRA notice.... This penalty is large enough to act as a deterrent to Visteon and to others who similarly operate a large number of facilities and choose to use multiple TPAs to perform various benefit functions, but not so large as to be a windfall for the Class." [Pierce et al. v. Visteon, No. 1:05-cv-01325-LJM-DKL (S.D. Ind. June 25, 2013)]  MORE >>