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AIR EVAC EMS v. TEXAS, DEPT. OF INS. DIV. OF WORK

No. 16-51023.

851 F.3d 507 (2017)

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.

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.

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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