Plaintiffs Dismiss COBRA Class Action After Court Recommends Denial Of Class Certification

Highlights

• Federal Magistrate Judge Jonathan Goodman of the U.S. District Court for the Southern District of Florida recommended that a motion for class certification be denied for lack of standing when the named plaintiffs could show only a technical, procedural violation of COBRA's notice requirements and failed to demonstrate any concrete or particularized injury.
• The Report and Recommendation also concluded that even if the named plaintiffs had shown the requisite injury, they failed to demonstrate that any such injury was related to the deficient COBRA notice.
• In addition, although the named plaintiffs satisfied the adequacy requirement for class certification, they failed to satisfy the typicality requirements and also could not overcome the lack of standing.