Air Evac wins motion for summary judgment and permanent injunction against the State of Texas
Clients Global Medical Response, Inc.
Jones Day represents Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac"), an air ambulance carrier, in a federal lawsuit against various Texas state officials who administer the state's workers'-compensation system. The lawsuit sought a declaration that the Airline Deregulation Act of 1978 ("ADA") preempts the enforcement of certain Texas laws and regulations that limit the reimbursement rate air ambulance providers receive for services provided to workers'-compensation claimants. Air Evac also sought an injunction against the enforcement of those statutes and regulations.
The district court initially dismissed the claims on sovereign immunity grounds, but Jones Day was able to succeed in the Fifth Circuit, which reversed the ruling and remanded to allow the case to proceed. On remand, after extensive discovery, Jones Day filed a motion for summary judgment on its claims. Granting the motion, the court agreed that Air Evac was entitled to judgment as a matter of law that the ADA preempts the challenged provisions as applied to Air Evac and granted a permanent injunction preventing the state defendants from enforcing the provisions against it.
Air Evac EMS, Inc. v. Texas, No. 16-cv-00060 (W.D. Tex.); No. 16-cv-51023 (5th Cir.)