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http://nycourts.law.com/CourtDocumentViewer.asp?view=Document&docID=46918 Judge Scheindlin PLAINTIFF ARGUED that her fraudulent inducement claim was erroneously dismissed and that the court overlooked facts favoring her and construed disputed facts in defendants’ favor with regard to her repudiation claim. Plaintiff contended that defendants failed to provide her with timely notice under the Consolidated Omnibus Budget Reconciliation Act (COBRA) and affirmatively misled her concerning her COBRA rights. The court, among other things, rejected plaintiff’s claim that defendant’s benefits administrator told her that she only had 30 days in which to obtain COBRA coverage, as it is belied by plaintiff’s earlier deposition testimony indicating that the 30-day deadline was plaintiff’s own mistaken belief. The court, however, reinstated plaintiff’s claim alleging that defendants failed to provide her with the required notice of her rights under COBRA, finding that there are material issues of fact regarding if and when plaintiff was given adequate notice of her COBRA rights.

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