Judge Laura Taylor Swain
AmeriFlex Inc. (AFI) is sole defendant in Thompson's ERISA action arising from insurers' disclosure of disability and pension information maintained by her former employer. Her amended complaint claimed AFI—as COBRA administrator—failed to notify her, between December 2007 and April 2008, of her eligibility for benefits. District court granted AFI judgment on its claim that it was not the proper entity to be sued. Thompson's claims predated an April 2010 asset purchase agreement under which InterFlex Payments LLC bought AmeriFlex LLC's assets and the so-called Seller Group (or the original AmeriFlex LLC) expressly retained liability for causes of action arising before May 10, 2010. Thompson presented no evidence supporting her claim that successor corporation InterFlex was the alter ego of the original AmeriFlex company so that its corporate veil might be pierced. Citing Slupinski v. Oxford Health Plans the court found Thompson's Aug. 2011 lawsuit untimely as more than three years after accrual of her cause of action for improper COBRA notification, following her December 2007 termination. Thus Thompson's COBRA claims against any AmeriFlex entities were time-barred even if they related back to her original complaint.
