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AIR EVAC EMS, INC. v. CHEATHAM

No. 17-2349.

910 F.3d 751 (2018)

AIR EVAC EMS, INC., Plaintiff-Appellee, v. TED CHEATHAM, in His Capacity as Director of the Public Employees Insurance Agency; John A. Myers; Raymond S. Whiting; Geoff S. Christian; Amanda D. Meadows; Jared Robertson; Lee R. Dinznoff; Jason Myers; William Milam; Michael T. Smith, in Their Capacities as Members of the Public Employees Insurance Agency's Finance Board; Allan L. McVey, in His Capacity as West Virginia Insurance Commissioner; Bill J. Crouch, in Her Capacity as the Secretary for the West Virginia Department of Health & Human Resources, Defendants-Appellants, America's Health Insurance Plans, Amicus Supporting Appellant, Texas Mutual Insurance Company, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 7, 2018.

Attorney(s) appearing for the Case

ARGUED: Lindsay Sara See , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellants. Joshua Lee Fuchs , JONES DAY, Houston, Texas, for Appellee. ON BRIEF: Patrick Morrisey , Attorney General, Erica N. Peterson , Assistant Solicitor General, Katherine A. Schultz , Senior Deputy Attorney General, Sean M. Whelan , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellants. Carte Goodwin , FROST BROWN TODD, LLC, Charleston, West Virginia; Charlotte H. Taylor , JONES DAY, Washington, D.C., for Appellee. Julie Simon Miller , Thomas M. Palumbo , AMERICA'S HEALTH INSURANCE PLANS, Washington, D.C.; Hyland Hunt , Ruthanne M. Deutsch , Anne J. Jang , DEUTSCH HUNT PLLC, Washington, D.C., for Amicus America's Health Insurance Plans. Karen Vladeck , WITTLIFF CUTTER AUSTIN PLLC, Austin, Texas; Mary Nichols , TEXAS MUTUAL INSRUANCE COMPANY, Austin, Texas; Matthew Baumgartner , GRAVES, DOUGHERTY, HEARON & MOODY, P.C., Austin, Texas; Paul Schlaud , REEVES & BRIGHTWELL LLP, Austin, Texas, for Amicus Texas Mutual Insurance Company.

Affirmed by published opinion. Judge Wilkinson wrote the opinion, in which Judge Floyd and Judge Richardson joined.

The Airline Deregulation Act of 1978 (ADA) expressly preempts state efforts to regulate the prices, routes, and services of certain air carriers. Beginning in 2011, West Virginia enacted various laws to limit the reimbursement rates of air ambulance companies. Air Evac, an air ambulance company and registered air carrier...

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