Air Evac EMS Inc. v. Cheatham (P)

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 enforcement of these laws under the Airline Deregulation Act of 1978, which expressly pre-empts state efforts to regulate the prices, routes, and services of certain air carriers.. The district court properly enjoined the challenged provisions.

Air ambulance companies fall squarely within the definition of common carriers and are within the scope of the federal Act. This holding aligns with the other courts and federal agencies who have considered the same question.


Air Evac EMS Inc. v. Cheatham (P), No. 17-2349, Dec. 7, 2018. 4th Cir. (Wilkinson) from SDWV at Charleston (Johnston).

Categories: 4th U.S. Circuit Court of Appeals, Opinions, Published


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