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. Wirth also contends that, even if removal was proper, the District Court erred in holding that Pennsylvania’s Health Maintenance Organization Act (“HMO Act”) exempts Aetna from Wirth’s claim under Pennsylvania’s Motor Vehicle Financial Responsibility Law…