Legal Opinion

Air Evac EMS, Inc. v. Ted Cheatham

Court of Appeals for the Fourth Circuit

Decided December 7, 2018No. 17-2349PublishedCited by 66 opinions

1Opinion of the Court

WILKINSON, Circuit Judge:

The Airline Deregulation Act of 1978 (ADA) expressly preempts state efforts to regulate the prices, routes, and services of certain air carriers. Beginning in 2011, West Virginia enacted various laws to limit the reimbursement rates of air ambulance companies. Air Evac, an air ambulance company and registered air carrier, sued to enjoin the enforcement of these provisions, arguing that the state's laws were preempted by the ADA. The district court agreed with Air Evac and enjoined the challenged provisions. We now affirm.

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The market-driven system for commercial air…

2Cases cited36 opinions

  1. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  2. Spokeo, Inc. v. RobinsSupreme Court of the United States · 2016
  3. Allen v. WrightSupreme Court of the United States · 1984
  4. Cipollone v. Liggett Group, Inc.Supreme Court of the United States · 1992
  5. Medtronic, Inc. v. LohrSupreme Court of the United States · 1996

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3Cited by66 opinions

  1. Disability Rights South Carolina v. Henry McMasterCourt of Appeals for the Fourth Circuit · 2022
  2. Episcopal Church in South Carolina v. Church Insurance Company of VermontCourt of Appeals for the Fourth Circuit · 2021
  3. Grow Michigan, LLC v. LT Lender, LLCCourt of Appeals for the Sixth Circuit · 2022
  4. Jane DiCocco v. Merrick GarlandCourt of Appeals for the Fourth Circuit · 2022
  5. Cra v. City of BerkeleyCourt of Appeals for the Ninth Circuit · 2023

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