Judge partially denies motion for summary judgment in Air Evac EMS lawsuit

November 3, 2017 By Kyla Asbury
West Virginia Record

A federal judge denied in part and granted in part a motion for summary judgment in a lawsuit filed by Air Evac EMS Inc. alleging reimbursement problems with an insurance company.U.S. District Judge Thomas E. Johnston granted Air Evac’s motion for summary judgment on four counts and with respect to ADA preemption, according to the Oct. 20 memorandum opinion and order. Johnston denied the motion on one county regarding a contracts clause. He dismissed one count, which is pled in the alternative. He also denied the defendants’ motion for summary judgment and granted the defendants’ motion to replace an exhibit.

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