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AmeriCare MedServices, Inc. v. City of Anaheim, California, et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 17-55565 · judgment August 27, 2018

Certiorari denied · March 18, 2019
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Questions presented

  1. A state statute governing ambulance services allows one type of competition displacement. Is a municipality that is not authorized by that statute or any other displacement under state law nevertheless exempt from federal antitrust liability in the ambulance services market?

  2. Can a government entity in its capacity as a commercial market participant rather than its regulatory capacity invoke state action immunity from federal antitrust law?

  3. Is a municipality that is acting in its capacity as a commercial market participant rather than its regulatory capacity subject to the active-supervision requirement to invoke state action immunity from federal antitrust law?

Counsel of record

For petitioner
Jarod Michael Bona
Bona Law PC

For respondent
Alan Robert Burns
Harper & Burns LLP

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Mar 18 2019
    Petition DENIED.
  2. Feb 20 2019
    DISTRIBUTED for Conference of 3/15/2019.
  3. Feb 13 2019
    Waiver of right of respondent City of Buena Park to respond filed.
  4. Feb 12 2019
    Waiver of right of respondent City of Huntington Beach to respond filed.
  5. Feb 11 2019
    Waiver of right of respondent Care Ambulance Service, Inc. to respond filed.
  6. Feb 08 2019
    Waiver of right of respondent City of Fountain Valley to respond filed.
  7. Feb 08 2019
    Waiver of right of respondent City of Garden Grove to respond filed.
  8. Feb 08 2019
    Waiver of right of respondents City of La Habra et al to respond filed.
  9. Feb 06 2019
    Waiver of right of respondents City of Anaheim, California, et al. to respond filed.
  10. Feb 06 2019
    Waiver of right of respondent City of Orange to respond filed.
  11. Jan 18 2019
    Corrected proof of service with respect to petition filed.
  12. Jan 08 2019
    Petition for a writ of certiorari filed. (Response due February 14, 2019)