AIR EVAC EMS, INC. v. SULLIVAN

No. 18-50722.

8 F.4th 346 (2021)

AIR EVAC EMS, INCORPORATED, Plaintiff-Appellee, v. Kent SULLIVAN, in his Official Capacity as Texas Commissioner of Insurance; Cassie Brown, in her Official Capacity as Texas Commissioner of Workers' Compensation, Defendants-Appellants, 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, Intervenors-Appellants.

United States Court of Appeals, Fifth Circuit.

Filed August 4, 2021.


Attorney(s) appearing for the Case

Joshua Lee Fuchs , Jones Day, Houston, TX, Benjamin J. Cassady , Charlotte Taylor, Esq. , Jones Day, Washington, DC, Roger James George, Jr. , Trial Attorney, George Brothers Kincaid & Horton, L.L.P., for Plaintiff-Appellee.

Lisa Bennett , Assistant Solicitor General, Office of the Attorney General for the State of Texas, Jennifer Settle Jackson , Assistant Attorney General, Office of the Attorney General, Financial Litigation & Charitable Trusts Division, for Defendants-Appellants Kent Sullivan, Texas Commissioner of Insurance, Cassie Brown, Texas Commissioner of Workers' Compensation.

Matthew Birk Baumgartner , Armbrust & Brown, P.L.L.C., Austin, TX, Paul W. Schlaud , Texas Mutual Insurance Company, Office of the General Counsel Division, Austin, TX, for Intervenor-Appellant Texas Mutual Insurance Company.

Robert F. Josey , Hanna & Plaut, L.L.P., Austin, TX, for Intervenor-Appellant Liberty Mutual Insurance Company.

James Michael Loughlin , Stone Loughlin & Swanson, L.L.P., Austin, TX, for Intervenors-Appellants Zenith Insurance Company, Hartford Underwriters Insurance Company, Twin City Fire Insurance Company, Transportation Insurance Company.

Before Stewart, Clement, and Ho, Circuit Judges.


Air Evac EMS, Inc., is an air ambulance provider that offers medical transport services to a wide variety of patients. That includes patients who are injured at their workplace. The price that Air Evac may charge for such transportation is accordingly subject to conflicting regulatory...

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