Eaglemed LLC et al v Cox et al.

Cox appealed the district court judgment ruling Wyoming’s workers compensation payment schedule for medivac flights was preempted and ordering payment of actual charges to Eaglemed and other providers. The panel affirmed in part and reversed in part. It held that 49 USC 41713(b)(10 plainly preempts the schedule as the schedule regulates rates and services of airlines, the workers compensation system in Wyoming is not a voluntary contract, reading the statute as a voluntary contract would undermine the purpose of workers compensation, the fact that other states structure their workers compensation systems as contract is irrelevant and the fact that preemption here may leave injured workers with large medivac bills is policy argument best addressed to Congress and the schedule is not insurance as it does not address spreading of risk or anything else related to insurance. It reversed the order pay holding federal law does not mandate the payments and any state law responsibility must be determined by state officials.

United States v Cone

Cone appealed the denial of his motion to suppress. The panel affirmed holding asking about a driver’s criminal record serves the same officer safety interest as warrant checks and those checks have been held to be negligible burdens on drivers in circuit precedent and also held that there was no nexus between questions about travel plans and the discovery of drugs and a firearm in the car.