DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172554P.pdf 08/16/2018 James Ferrell v. Air EVAC EMS
U.S. Court of Appeals Case No: 17-2554
U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Loken, Author, with Chief Judge Smith and Wollman, Circuit
Judges]
Civil Case - Preemption Airline Deregulation Act. Claim that Air EVAC EMS,
Inc.'s bill for transport costs violated the Arkansas Deceptive Trade
Practices Act is preempted by the Airline Deregulation Act because claim
relates to price and services on an air carrier and applies to air-
ambulance operators. Claim for declaratory judgment that Air EVAC cannot
seek restitution because it attempts to gouge patients with exorbitant
charges is also preempted. Claim for declaratory judgment that contract is
unenforceable because it lacks an essential price term is not a
contract-based claim but rather a price-disclosure rule and is thus
preempted. Air EVAC's remedy if member refuses to pay for services is to
bring a breach of contract action and member may bring contract defenses
and unpreempted judicial remedies remain.