United States Third Circuit

Removal to federal court of plaintiff's suit, which set forth state claims against an HMO arising from its subrogation lien on plaintiff's tort recovery, is affirmed where: 1) plaintiff's claims were completely preempted by ERISA and, therefore, properly removed to federal court; and 2) the HMO was exempt from the anti-subrogation provision of Pennsylvania's Motor Vehicle Financial Responsibility Law by virtue of the state's HMO Act.

Appellate Information

• Argued 01/24/2005
• Decided 11/21/2006
• Published 11/21/2006

Judges

• RENDELL, Circuit Judge., Before SCIRICA, Chief Judge, RENDELL and FISHER, Circuit Judges.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Ronald J. Smolow, [Argued], Smolow & Landis, Trevose, PA, for Appellant., Philip A. Ryan, Christina J. Westall, German, Gallagher & Murtagh, Philadelphia, PA, for Amicus Appellant PA Defenders Inst., Scott B. Cooper, [Argued], Schmidt, Ronca & Kramer, Harrisburg, PA, for Amicus Appellant PA Trial Lawyers.


• For Appellees:
  
• Raymond J. Quaglia, [Argued], Ballard, Spahr, Andrews & Ingersoll, Philadelphia, PA, for Appellee.