ARGUED: Michael Ray Williams, OFFICE OF THE ATTORNEY GENERAL OF WEST VIRGINIA, Charleston, West Virginia, for Appellant. Judge Quattlebaum wrote the opinion, in which Chief Judge Gregory and Judge Thacker join. (2:21-cv-00105) Argued: MaDecided: JBefore GREGORY, Chief Judge, and THACKER and QUATTLEBAUM, Circuit Judges. Appeal from the United States District Court for the Southern District of West Virginia, at Charleston. ALLAN MCVEY, in his official capacity as West Virginia Insurance Commissioner, Defendant - Appellant. 21-1301 AIR EVAC EMS, INC., d/b/a Air Evac Lifeteam, d/b/a AirMedCare Network, Plaintiff - Appellee, v. PUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. Thus, the district court did not abuse its discretion. The Fourth Circuit determined that the district court properly analyzed the abstention factors.
37 (1971), federal courts should abstain from exercising jurisdiction to consider matters related to ongoing state criminal proceedings as well as quasi-criminal proceedings if the state proceeding is ongoing, implicates important state interests and provides an adequate opportunity to raise constitutional challenges. The district court determined that the abstention doctrine applied, however, because the case presented "extraordinary circumstances," the court determined that abstention was not appropriate.
Following this case, Air Evac brought another case against the Commissioner that remains pending at the time of this appeal. This one alleges that the Airline Deregulation Act preempts the West Virginia Insurance Commissioner from taking any enforcement efforts. Air Evac brought several suits in district court.
#AIR EVAC EMS INC SERIES#
Through a series of communications and actions taken by West Virginia, Air Evac determined that the state was favoring a competitor. Because the company's services are expensive, it markets and sells what it characterizes as a "debt cancellation program." Under this program, West Virginia residents pay a sum of money annually and any amount due on their bill in excess of what is covered by insurance will be canceled by the company. Air Evac EMS, Inc., is an emergency air ambulance provider.
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