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United States Eleventh Circuit


STERN v. IBM, 02-14740

An employer's sickness/accident program is exempted by regulation, 29 C.F.R. section 2510.3-1(b)(2), from being considered a "welfare benefits plan" under ERISA, thus removal to federal court was improper.

Appellate Information

  • Decided 04/14/2003
  • Published 04/14/2003

Judges

  • FARRIS, Circuit Judge:, Before HULL, MARCUS and FARRIS , Circuit Judges.

Court

  • United States Eleventh Circuit

Counsel

  • For Appellant:
  • Paul Martin Sullivan, Jr., West Palm Beach, FL, for Plaintiff-Appellant., Adrienne Dwyer, U.S. Dept. of Labor, Washington, DC, for Dept. of Labor, Plan Benefits Sec. Div., Amicus Curiae.

  • For Appellees:
  • Lori Lynn Piechura, Laura Besvinick, Hogan & Hartson, LLP, Miami, FL, for Defendant-Appellee.
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