Robert Devoll and Patricia M. Devoll v. Burdick Painting, Inc. And Bay Area Painters and Tapers Health Fund

Robert and Patricia DeVoll sued Burdick Painting, Inc., Robert’s former employer, and the Bay Area Painters and Tapers Fund (“the Fund”), Robert’s former health plan. The DeVolls’ complaint set forth three claims: (1) that Burdick discharged Robert for the purpose of interfering with rights protected under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1140 ; (2) that Burdick breached an enforceable promise to maintain certain medical benefits; and (3) that Burdick and the Fund failed to notify the DeVolls of their right under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”), 29 U.S.C. §§ 1161-67 , to continue their medical coverage under the Fund. The district court granted summary judgment in favor of the defendants, and the DeVolls appealed. We have jurisdiction pursuant to 28 U.S.C. § 1291 and we affirm.

I. Background

Robert DeVoll is a house painter by trade. Robert’s wife, Patricia, suffers from lupus erythematosus and myasthenia gravis. As of August 1990, Robert had been a member of the Bay Area Painters and Tapers Union (“the Union”) for nine years, and had been employed by several different union employers during that…