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STERN v. INTERNATIONAL BUSINESS MACHINES CORP.

No. 02-14740.

326 F.3d 1367 (2003)

Robert STERN, Plaintiff-Appellant, v. INTERNATIONAL BUSINESS MACHINES CORPORATION (IBM), a New York corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

April 14, 2003.

Attorney(s) appearing for the Case

Paul Martin Sullivan, Jr., West Palm Beach, FL, for Plaintiff-Appellant.

Lori Lynn Piechura, Laura Besvinick, Hogan & Hartson, LLP, Miami, FL, for Defendant-Appellee.

Adrienne Dwyer, U.S. Dept. of Labor, Washington, DC, for Dept. of Labor, Plan Benefits Sec. Div., Amicus Curiae.

Before HULL, MARCUS and FARRIS, Circuit Judges.

FARRIS, Circuit Judge:

Plaintiff Robert Stern, supported by amicus curiae the Secretary of Labor, contends that this matter was improperly removed to federal court because his employer's sickness/accident program is exempted by regulation from being considered a "welfare benefits plan" under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001-1461. We agree. We vacate the summary judgment order, reverse the order denying Stern's motion...

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