Sean Deckard v. Interstate Bakeries Corp.

I respectfully dissent from the decision to affirm the bankruptcy court’s denial of Sean Deckard’s claim for civil penalties against Hostess for the latter’s failure to provide Deckard with statutorily mandated COBRA notices. In addition, I respectfully dissent from the decision to affirm the bankruptcy court’s denial of Deckard’s request for attorney’s fees.

It is undisputed that Sean Deckard suffered a six-month gap in his health care coverage as a result of Hostess’s conceded failure to comply with COBRA notice requirements. Avoiding a gap in medical coverage is the main purpose of the…