Air Evac EMS, Inc. v. Texas, Department of Insurance, Division of Workers' Compensation

RHESA HAWKINS BARKSDALE, Circuit Judge:

Primarily at . issue is whether an air-ambulance company, claiming federal preemption of Texas’ workers’-compensation scheme, satisfies the equitable exception to the Eleventh Amendment, as provided in Ex parte Young, 209 U.S. 123, 155-56, 28 S.Ct. 441, 52 L.Ed. 714 (1908). It does. For this and other reasons, federal jurisdiction exists. Moreover, we decline to abstain under Colorado River Water Conservation District v. United States, 424 U.S. 800, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). VACATED and REMANDED.

I

Air Evac EMS, Incorporated, filed this action…