Court of Appeals for the Third Circuit November 21, 2006, 04-2198 (Jonathan Wirth, Individually and on Behalf of All Others Similarly Situated v. Aetna U.S. Healthcare)

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.