Legal Opinion
Robert Stern v. International Business Machines (IBM), a New York Corporation
Court of Appeals for the Eleventh Circuit
Decided April 14, 2003No. 02-14740PublishedCited by 30 opinions
1Opinion of the Court
FARRIS, Circuit Judge:
Plaintiff Robert Stern, supported by amicus curiae the Secretary of Labor, contends that this matter was improperly removed to federal court because his employer’s sickness/accident program is exempted by regulation from being considered a “welfare benefits plan” under the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001-1461. We agree. We vacate the summary judgment order, reverse the order denying Stern’s motion to remand, and remand with an instruction to return this case to the state court.
I
In 1999, Robert Stern, an IBM employee, injured his hand,…
2Cases cited19 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Caterpillar Inc. v. WilliamsSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Louisville & Nashville Railroad v. MottleySupreme Court of the United States · 1908
- Massachusetts v. MorashSupreme Court of the United States · 1989
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3Cited by30 opinions
- Polycarpe v. E&S Landscaping Service, Inc.Court of Appeals for the Eleventh Circuit · 2010
- Langley v. DaimlerChrysler Corp.Court of Appeals for the Sixth Circuit · 2007
- Leister v. Dovetail, Inc.Court of Appeals for the Seventh Circuit · 2008
- Bassiri v. Xerox Corp.Court of Appeals for the Ninth Circuit · 2006
- Tibble v. Edison InternationalCourt of Appeals for the Ninth Circuit · 2013
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