Jean Levine, on Behalf of Herself and All Others Similarly Situated v. United Healthcare Corporation (Dc Nj 01-Cv-04964)

OPINION OF THE COURT

NYGAARD, Circuit Judge.

These interlocutory cross-appeals require us to address two different facets of the preemptive power of the Employee *159Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. §§ 1001, et seq., as it applies to the instant dispute over an insurer’s claimed right of subrogation from an insured’s third-party tort recovery. First, the insured ERISA plan participants, plaintiffs below, argue that the District Court should have remanded their claims to state court for lack of federal subject matter jurisdiction. Second, the insurance providers, defendants…