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AIR EVAC EMS, INC. v. McVEY

No. 21-1301.

37 F.4th 89 (2022)

AIR EVAC EMS, INC., d/b/a Air Evac Lifeteam, d/b/a AirMedCare Network, Plaintiff-Appellee, v. Allan MCVEY, in his official capacity as West Virginia Insurance Commissioner, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: June 10, 2022.

Attorney(s) appearing for the Case

ARGUED: Michael Ray Williams , OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Charlotte Hemenway Taylor , JONES DAY, Washington, D.C., for Appellee. ON BRIEF: Patrick Morrisey , Attorney General, Lindsay S. See , Solicitor General, Katherine A. Schultz , Senior Deputy Attorney General, Caleb A. Seckman , Assistant Solicitor General, Thomas T. Lampman , Assistant Solicitor General, Cassandra L. Means , Assistant Attorney General, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Carte P. Goodwin , Alex J. Zurbuch , FROST BROWN TODD, LLC, Charleston, West Virginia; Benjamin J. Cassady , Washington, D.C., Joshua L. Fuchs , Nicole M. Perry , JONES DAY, Houston, Texas, for Appellee.

Affirmed by published opinion. Judge Quattlebaum wrote the opinion, in which Chief Judge Gregory and Judge Thacker join.

Federalism, a fundamental principle under our Constitution, requires that federal courts respect the sovereignty of their state counterparts. One way federal courts do this is through the doctrine of abstention. Under Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 ...

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