Air Evac wins full dismissal of consumer class action in West Virginia
Clients Global Medical Response, Inc.
Jones Day is representing a network of life-saving emergency air transport carriers that includes Air Evac EMS, Inc. against claims filed in various jurisdictions around the country that allege the air ambulance carriers charge improper fees for their services. Jones Day recently secured a significant and early victory against one such claim filed on behalf of a putative class of consumers in West Virginia. The plaintiff filed his original action in West Virginia state court. Jones Day removed the case to federal court, successfully survived a motion to remand, and filed a motion to dismiss all of the plaintiff's claims on the basis that they were preempted by the federal Airline Deregulation Act of 1978 ("ADA"). After extensive briefing, the federal district judge granted the motion to dismiss in full.
Chanze v. Air Evac EMS, Inc., No. 5:18-cv-00089 (N.D. W. Va.)