Client Successes Apr 06, 2017

12 Orange County Cities Beat Monopoly Claims Over Ambulance Services*

Federal Judge Dismisses Lawsuit After Argument by BB&K Partner Kendall MacVey

Twelve Orange County cities, including several represented by Best Best & Krieger LLP, were dismissed from a federal antitrust lawsuit brought by an ambulance provider alleging monopolization. In a March 28 decision, U.S. District Court Judge Josephine Staton sided with the cities, finding that they have immunity on several grounds from the claims alleged.
AmeriCare Medservices, Inc., filed suit alleging the cities each violated the Sherman Act by designating a single emergency ambulance provider in their geographical areas. Partner Kendall MacVey and Jones & Mayer Partner James Touchstone jointly represented the cities of La Habra, Fullerton and Costa Mesa. A motion to dismiss was argued at a hearing by MacVey, who was designated by all the cities’ attorneys to do so. Following the hearing, Judge Staton found that state-action doctrine immunity applies to the cities, partly because the California Legislature has expressed a policy favoring local oversight over the provision of emergency ambulance services.
The case is AmeriCare Medservices Inc. v. City of Anaheim et al., 8:16-CV-1703-JLS.
Read more about the case by clicking here.

*Update: The U.S. Ninth Circuit Court of Appeals affirmed the lower court decision on Aug. 27, 2018. The Ninth Circuit later denied a request for en banc review.

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