AIR EVAC EMS, INCORPORATED, Plaintiff-Appellant
v.
State of TEXAS, DEPARTMENT OF INSURANCE, DIVISION OF WORKERS' COMPENSATION; David Mattax, Texas Commissioner of Insurance, in his official capacity; Ryan Brannan, Texas Commissioner of Workers' Compensation, in his official capacity, Defendants-Appellees
v.
Texas Mutual Insurance Company; Liberty Mutual Insurance Company; Zenith Insurance Company; Hartford Underwriters Insurance Company; Twin City Fire Insurance Company; Transportation Insurance Company; Valley Forge Insurance Company; Truck Insurance Exchange, Intervenor Defendants-Appellees.
United States Court of Appeals, Fifth Circuit.https://leagle.com/images/logo.png
FILED March 20, 2017.
FILED March 20, 2017.
Attorney(s) appearing for the Case
Joshua Lee Fuchs, Houston, TX, Thomas F. Allen, Jr., Dallas, TX, Jones Day, for Plaintiff-Appellant.
Lisa Bennett, Assistant Solicitor General, Jennifer Settle Jackson, Assistant Attorney General, Office of the Attorney General for the State of Texas, Austin, TX, for Defendants-Appellees.
Matthew Birk Baumgartner, Boyce C. Cabaniss, Esq., Karen Shafrir Vladeck, Graves, Dougherty, Hearon & Moody, P.C., Paul W. Schlaud, Reeves & Brightwell, L.L.P., Austin, TX, for Intervenor Defendant-Appellee Texas Mutual Insurance Company.
Robert F. Josey, David Lawrence Plaut, Esq., Hanna & Plaut, L.L.P., Austin, TX, for Intervenor Defendant-Appellee Liberty Mutual Insurance Company.
James Michael Loughlin, Stone Loughlin & Swanson, L.L.P., Austin, TX, for Intervenor Defendants-Appellees Zenith Insurance Company, Hartford Underwriters Insurance Company, Twin City Fire Insurance Company, Transportation Insurance Company, Valley Forge Insurance Company, Truck Insurance Exchange.
George W. Hicks, Jr., Kirkland & Ellis, L.L.P., George W. Hicks, Jr., Bancroft, P.L.L.C., Washington, DC, for Amicus Curiae Air Methods Corporation.
Before JONES, BARKSDALE, and COSTA, Circuit Judges.
RHESA HAWKINS BARKSDALE, Circuit Judge:
Primarily at issue is whether an airambulance company, claiming federal preemption of Texas' workers'-compensation scheme, satisfies the equitable exception to the Eleventh Amendment, as provided in Ex parte Young,209 U.S. 123, 155-56, 28 S.Ct. 441, 52 L.Ed. 714 (1908...
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