David Hager v. Todd G. Rowan

WIENER, Circuit Judge:

After Plaintiff-Appellant David Hager was fired by Defendant-Appellee DBG Partners, Inc ("DBG"), he obtained continuation coverage under DBG's ERISA health care plan through the Consolidated Omnibus Budget Recovery Act ("COBRA"). Hager later filed this suit, alleging that DBG had discontinued its health plan without notifying him, violating COBRA's notice requirements. The district court sua sponte dismissed Hager's claim on the eve of trial, concluding that ERISA did not provide Hager with a remedy. Hager appeals, and we reverse.

I. FACTS AND PROCEEDINGS

Hager was DBG's…