DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
191343P.pdf 03/17/2021 Guardian Flight LLC v. Jon Godfread
U.S. Court of Appeals Case No: 19-1343
and No: 19-1381
U.S. District Court for the District of North Dakota - Bismarck
[PUBLISHED] [Wollman, Author, with Gruender and Kobes, Circuit Judges]
Civil case - Airline Deregulation Act. In a declaratory judgment action
asking the district court to declare two provisions of North Dakota law
governing the billing and sales practices of air ambulance providers
invalid as preempted by federal law, the district court concluded that
N.D. Century Code Sec. 26-1-47-09(3) and 26-1-47-08 were preempted by the
Airline Deregulation Act but that the provision governing the sale of
subscription agreements was saved by the McCarran-Ferguson Act. This court
affirms the district court's holding that the Airline Deregulation Act
preempts the statutory sections but reverses the holding regarding the
McCarran-Ferguson Act and the subscription provision, holding that the Act
does not apply because the North Dakota provisions at issue were not
enacted "for the purpose of regulating the business of insurance;"
affirmed in part, reversed in part, and remanded with instructions to
enter judgment in favor of plaintiff.