Air Evac's summary judgment victory affirmed in Fifth Circuit

Client(s) Global Medical Response, Inc.

Jones Day represented Global Medical Response, Inc. subsidiary Air Evac EMS, Inc (“Air Evac”), an air-ambulance provider, 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 that 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.

After prevailing at the Fifth Circuit on a jurisdictional issue, on remand, Jones Day obtained summary judgment on its claims. The state and various insurance company intervenors appealed. After extensive briefing and following oral argument, the Fifth Circuit affirmed the grant of summary judgment in Air Evac's favor, holding that the challenged Texas laws and regulations were preempted by the ADA and that the McCarran-Ferguson Act did not save them.

Air Evac EMS, Inc. v. Texas, No. 16-cv-00060 (W.D. Tex.); No. 16-cv-51023 (5th Cir.)