No. 13-1408.

762 F.3d 285 (2014)

Alexander L. MENKES; Stephen Wolfe, individually and on behalf of all others similarly situated, Appellants, v. PRUDENTIAL INSURANCE COMPANY OF AMERICA, a New Jersey corporation; Qinetiq North America Operations, LLC, a Delaware corporation; Qinetiq North America, Inc., a Delaware corporation; Westar Aerospace & Defense Group, Inc, a Nevada corporation; Does 1-100, presently known individuals, partnerships, companies and/or other entities, inclusive.

United States Court of Appeals, Third Circuit.

Filed: August 6, 2014.

Attorney(s) appearing for the Case

Andrew P. Bell, Esq. (Argued), Michael A. Galpern, Esq. , Locks Law Firm, LLC, Cherry Hill, NJ, for Appellants.

Hillary Richard, Esq. (Argued), MaryAnn Sung, Esq. , Brune & Richard LLP, New York, N.Y., Melissa A. Herbert, Esq. , Robin H. Rome, Esq. , Kristine V. Ryan, Esq., Nukk-Freeman & Cerra, P.C., Chatham, NJ, for Appellee Prudential Insurance Co., of America.

Kimberly B. Martin, Esq. , Scott B. Smith, Esq. (Argued), Bradley, Arant, Boult, Cummings LLP, Huntsville, AL, Edmund S. Sauer, Esq. , Bradley, Arant, Boult, Cummings LLP, Nashville, TN, Diane A. Bettino, Esq. , Kellie A. Lavery, Esq. , Reed Smith LLP, Princeton, NJ, for Appellees Qinetiq N.A. Operations, LLC, Qinetiq, N.A., Inc., & Westar Aerospace & Defense Group, Inc.

Before: McKEE, Chief Judge, FUENTES, and CHAGARES, Circuit Judges.


CHAGARES, Circuit Judge.

Putative class plaintiffs Alexander L. Menkes and Stephen Wolfe appeal the District Court's dismissal of their complaint for failure to state a claim. This appeal requires us to determine whether certain supplemental insurance coverage is governed by the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1001, et seq. We conclude that in the circumstances presented here, it is, and that it...


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