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Highlights
U.S. District Judge William F. Jung of the U.S. District Court for the Middle District of Florida dismissed a putative class action brought against Southwest Airlines Co. Board of Trustees in which the plaintiff alleged that the continuing healthcare election notice was untimely and lacked information required under COBRA.
The District Court concluded that the plaintiff s failure to identify a concrete and particularized injury that was fairly traceable to any alleged defect in the COBRA notice deprived plaintiff of standing to sue.
The District Court also concluded that plaintiff s catch-all allegation that the notice was confusing failed to state a claim under the Employee Retirement Income Security Act of 1974 (ERISA).