Knowledge Of Injury Triggers COBRA Claim: 11th Circ.

Law360, New York (August 22, 2011, 7:42 PM EDT) -- The Eleventh Circuit on Monday held that the statute of limitations for an improper notice claim under the Consolidated Omnibus Budget Reconciliation Act does not accrue until a plaintiff learns of his injury, reviving a former Washington Mutual Bank NA branch manager's claim.

Former WaMu branch manager Dave Cummings was fired in March 2007 in the wake of an investigation into the disappearance of approximately $58,000 from the branch. In July 2008, Cummings launched a lawsuit contending, among other allegations, that his former employer had violated...
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