Alexander Menkes v. Prudential Insurance Co of Ame

OPINION

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 cannot be unbundled from the plaintiffs’ broader employer-provided ERISA benefits plan. We then must decide whether ERISA preempts the various state law…