Deckard v. Interstate Bakeries Corp., et al, No. 11-1595 (8th Cir. 2013)Annotate this Case
Hostess provided an "employee welfare benefit plan" under the Employee Retirement Income Security Act of 1974, 29 U.S.C. 1002(1). In this appeal, appellant challenged the order of the district court affirming the grant of summary judgment by the bankruptcy court in favor of Hostess on his claim for civil penalties for Hostess's failure to give notice of certain health insurance coverage rights required under the Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), 29 U.S.C. 1166(a), and the denial of attorney's fees. Although it was undisputed that Hostess failed to provide two notices required by COBRA, the court rejected appellant's arguments and held that the bankruptcy court did not err in granting summary judgment to Hostess on his claim for civil penalties. The court agreed with the bankruptcy court that it could not "fairly call the outcome of the litigation some success on the merits" as required to award attorney's fees and costs to appellant.