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Text of Eighth Circuit Opinion Upholding 'Prejudice and Good Faith' Standard When Awarding Penalties for Failure to Provide COBRA Notice (PDF)
U.S. Court of Appeals for the Eighth Circuit Dec. 16, 2014 "The Coles finally contend the district court abused its discretion by considering the wrong factors when declining to award statutory penalties.... We believe instead the district court did not abuse its discretion where there was no evidence Trinity Health willfully failed to notify the Coles of their COBRA rights or of the retroactive termination of their coverage, and where the district court reasoned 'if Trinity Health intended to act in bad faith, free health care coverage would not have been extended to the Coles.' " [Cole v. Trinity Health Corp., No. 14-1408 (8th Cir. Dec. 15, 2014)] |
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