Legal Opinion

Carner v. MGS-576 5th Ave. Inc.

District Court, S.D. New York

Decided January 21, 1998No. 93 Civ. 8259(CBM)PublishedCited by 4 opinions

1Opinion of the Court

AMENDED OPINION

MOTLEY, District Judge.

Plaintiff Thomas Carner commenced this action on December 2, 1993, alleging violations of the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. §§ 1001 et seq., as amended by the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. §§ 1161 et seq., arising out of his termination from employment by the defendants. Specifically, plaintiff alleges that defendants (1) failed to notify him of his COBRA right to continued health insurance coverage under defendants’ Plan at his own expense; (2) failed to provide him in a…

2Cases cited25 opinions

  1. Nationwide Mutual Insurance v. DardenSupreme Court of the United States · 1992
  2. Robert H. E. Frank, Jerry D. Mooberry, Tyrone G. Moreno v. U.S. West, Inc.Court of Appeals for the Tenth Circuit · 1993
  3. Radio & Television Broadcast Technicians Local Union 1264 v. Broadcast Service of Mobile, Inc.Supreme Court of the United States · 1965
  4. Trevino v. Celanese Corp.Court of Appeals for the Fifth Circuit · 1983
  5. National Labor Relations Board v. Browning-Ferris Industries of Pennsylvania, Inc.Court of Appeals for the Third Circuit · 1982

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3Cited by4 opinions

  1. Ferrara v. Oakfield Leasing Inc.District Court, E.D. New York · 2012
  2. In re Express Scripts/Anthem Erisa Litig.District Court, S.D. Illinois · 2018
  3. Peterson v. Continental Casualty Co.District Court, S.D. New York · 1999
  4. Cement and Concrete Workers District Council Welfare Fund v. Manny P. Concrete Co., Inc.District Court, E.D. New York · 2023

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