The U.S. Fourth Circuit Court of Appeals recently held that when state law authorizes a city to regulate ambulance services through a licensing, permitting, and franchising ordinance, the city’s enforcement of such an ordinance is immune from federal antitrust laws under Parker v. Brown, 317 U.S. 341 (1943).
Author: Andrew E. Schouten (Andrew Schouten)
Ninth Circuit Finds No Antitrust Immunity for Public Utility
The U.S. Ninth Circuit Court of Appeals’ recent decision in Ellis v. Salt River Project Agricultural Improvement & Power District, __ F.4th __; 2022 U.S. App. LEXIS 2719 (Jan. 31, 2022), is an example of how federal courts evaluate complaints alleging local governments’ violation of federal antitrust laws.
AB 389 Provides California Counties And Fire Agencies New Contracting Options And Opportunities For Emergency Ambulance Services
On October 4, 2021, Governor Newsom signed into law Assembly Bill 389 (“AB 389”), the first amendment to California’s Prehospital Emergency Medical Care Personnel Act (“EMS Act”) specifically addressing emergency ambulance service contracting. The new law, which becomes effective on January 1, 2022, represents a significant departure from existing practice and creates new contracting options and opportunities for California counties and fire agencies.
Federal Law Does Not Bar Class Actions Alleging Breach Of Fiduciary Duty Related To Fee-Based Securities Accounts
In Anderson v. Edward D. Jones & Co., L.P., No. 19-17520 (9th Cir. Mar. 4, 2021), plaintiff investors brought a class action against defendant stockbrokers for allegedly violating federal securities laws and state-law fiduciary duties when they convinced the investors to switch from commission-based accounts to fee-based accounts even though the latter were not suitable for them and their low-trade, “buy-and-hold” investment strategies.
WLE Secures Victory for California Fire Agencies Against State Regulatory Agency
Last month, the Sacramento Superior Court entered judgment on behalf of our client, the California Fire Chiefs Association, Inc. ("CalChiefs"), and issued a peremptory writ of mandate against the California Emergency Medical Services Authority (“EMSA”), in California Fire Chiefs Association Inc. v. California Emergency Medical Services Authority, No. 34-2019-80003163.
Reinforcement of Voters’ Rights to Approve Local Government Taxes
On August 12, 2020, the California Supreme Court granted the City of Oakland’s petition for review in Zolly v. City of Oakland, No. S262634, and denied requests for an order directing depublication of the Court of Appeal opinion, Zolly v. City of Oakland, 47 Cal.App.5th 73 (2020).
Navigating Risks & Opportunities
COVID-19 significantly impacts, even if temporarily, how private and public sector entities do business. Whether enterprises are dealing with disruptions to their supply chains or retooling their operations to provide emergency medical gear and equipment, business leaders are exploring collaborative efforts with other organizations, including competitors.
WLE is a San Diego-based boutique business litigation firm with decades of experience effectively advocating on behalf of clients in complex business disputes.