WIRTH v. AETNA U.S. HEALTHCARE

No. 04-2198.

469 F.3d 305 (2006)

Jonathan WIRTH, Individually and on behalf of all others similarly situated, Appellant v. AETNA U.S. HEALTHCARE.

United States Court of Appeals, Third Circuit.

Filed November 21, 2006.


Attorney(s) appearing for the Case

Ronald J. Smolow, [Argued], Smolow & Landis, Trevose, PA, for Appellant.

Raymond J. Quaglia, [Argued], Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellee.

Philip A. Ryan, Christina J. Westall, German, Gallagher & Murtagh, Philadelphia, PA, for Amicus Appellant PA Defenders Inst.

Scott B. Cooper, [Argued], Schmidt, Ronca & Kramer, Harrisburg, PA, for Amicus Appellant PA Trial Lawyers.

Before SCIRICA, Chief Judge, RENDELL and FISHER, Circuit Judges.


RENDELL, Circuit Judge.

On appeal, Jonathan Wirth contends that the Employee Retirement and Income Security Act of 1974 ("ERISA"), 29 U.S.C. § § 1001 et seq., does not preempt his state law claims against Aetna U.S. Healthcare ("Aetna") and, therefore, that the District Court erred in granting removal of his suit from state to federal court. Wirth also contends that, even if removal was proper, the District Court erred in holding that Pennsylvania...

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