further support our conclusion that the plan in this case is an employee welfare benefit plan established by Hollister's employer.
Finally, Hollister does not challenge the fact that he is clearly a beneficiary in the plan. And because Hollister seeks to recover medical benefits which he claims were due him under the terms of the plan, his claim undoubtedly relates to the employee welfare plan. Therefore, any claim he may have with regard to benefits due him under the plan is governed by Section 1132 of ERISA. Accordingly, we grant summary judgment in favor of the defendants on the issue of ERISA preemption of Hollister's state law claim and dismiss the complaint for failing to state a claim upon which relief can be granted.
Hollister has also moved to remand this case back to state court on the ground that, even if his claim must be brought under ERISA, removal of the action was not proper because state courts have concurrent jurisdiction with the federal courts over such claims. Hollister fails to explain, however, how the fact of concurrent jurisdiction bears upon the propriety of defendant's right to remove a federal cause of action to federal court. Because suits subject to complete preemption by ERISA (as this one is) are removable to federal court, we deny the motion to remand. Lister v. Stark, 890 F.2d 941, 943-44 (7th Cir. 1989); Chilton v. Savannah Foods & Industries, 814 F.2d 620 (11th Cir. 1987).
We grant summary judgment in favor of the defendants on the issue of ERISA preemption and, accordingly, dismiss Hollister's complaint for failure to state a cause of action. We further deny Hollister's motion to remand. It is so ordered.