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United States First Circuit


KERKHOF v. MCI WORLDCOM, INC., 01-1236

Where an employer fails to respond to an employee's request for certain retirement plan documents within 30 days, as required by ERISA, and fails to inform her in a timely fashion after her resignation of her right to continue coverage under its health insurance plan, as required by COBRA, a district court nonetheless acts within its discretion to deny civil penalties against employer.

Appellate Information

  • Decided 03/07/2002
  • Published 03/07/2002

Judges

  • BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, TORRUELLA, Circuit Judge, and CYR, Senior Circuit Judge.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Robert C. Brooks with whom Daniel L. Rosenthal and Verrill & Dana, LLP were on brief for plaintiff.

  • For Appellees:
  • James R. Erwin with whom Margaret Coughlin LePage, Joanne S. Hanson and Pierce Atwood were on brief for defendant.
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