Air Evac's summary judgment victory affirmed in Fourth Circuit
Clients Air Medical Group Holdings, Inc.
Jones Day represented Global Medical Response, Inc. subsidiary Air Evac EMS, Inc. ("Air Evac"), which sued the State of West Virginia seeking to enjoin it from applying limits on reimbursement for air ambulance services to patients who are either covered by workers' compensation insurance or public employee insurance, as well as from prohibiting "balance-billing" of policy-holders. Air Evac, which argued that West Virginia's law is preempted by the federal Airline Deregulation Act of 1978, obtained a complete summary judgment victory. After extensive briefing and following oral argument, the Fourth Circuit affirmed summary judgment in Air Evac's favor and enjoined the laws limiting reimbursement for air ambulance services.
Air Evac EMS, Inc. v. Ted Cheatham, No. 17-02349 (4th Cir.); Air Evac EMS, Inc. v. Cheatham, et al., No. 2:16-cv-05224 (S.D. W. Va.)