Legal Opinion
Air Evac EMS, Inc. v. Cheatham
District Court, S.D. West Virginia
Decided May 15, 2017No. CIVIL ACTION NO. 2:16-cv-05224PublishedCited by 3 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
THOMAS E. JOHNSTON, UNITED STATES DISTRICT JUDGE. Pending before the Court is Defendants’ Motion to Dismiss the Amended Complaint. (ECF No. 36.) For the reasons discussed below, the motion is DENIED.
L BACKGROUND
Plaintiff Air Evac EMS, Inc. is a federally regulated air carrier providing air ambulance services in the State of West Virginia. Its air ambulances depart from a number of air bases throughout the State when requested by third-party medical professionals or first responders. Because air ambulance services are often provided in emergencies, Air Evac must…
2Cases cited46 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Ex Parte YoungSupreme Court of the United States · 1908
- Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
- Allen v. WrightSupreme Court of the United States · 1984
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3Cited by3 opinions
- Brian Cunningham, in his capacity as Director of the Public Employees Insurance Agency, and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as Members of the Public Employees Insurance Agency Finance Board v. Air Evac EMS, Inc.Intermediate Court of Appeals of West Virginia · 2024
- Brian Cunningham, in his capacity as Director of the Public Employees Insurance Agency, and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as Members of the Public Employees Insurance Agency Finance Board v. Air Evac EMS, Inc. (Chief Judge Scarr, dissenting)Intermediate Court of Appeals of West Virginia · 2024
- Genesis Partners, Limited Partnership v. City of Bridgeport, West Virginia, and G. Andrew LangDistrict Court, N.D. West Virginia · 2026