On July 19, 2016, a U.S. District Court Judge for the Eastern District of Michigan, Southern Division, issued a 30 page opinion granting injunctive relief to an ambulance company represented by Blanco Wilczynski which had been wrongly denied the right to operate in Saginaw and Tuscola Counties by the Saginaw Valley Medical Control Authority (“SVCMCA”). After nearly three years of litigation, the Court found there was sufficient evidence that the SVMCA had worked in concert with the primary existing ambulance service in the area to create and maintain a monopoly for providing ambulance service in the SVMCA’s geographical service area. Three days after the Judge’s ruling, the SVMCA Board of Directors voted to approve the application of Blanco Wilczynski’ s client to operate which had been denied more than four years earlier. The Court also refused the SVMCA’s motion to dismiss the case and scheduled the matter for trial on the Blanco Wilczynski’ s remaining claims for violation of due process, equal protection rights, as well as antitrust violations, Fifth Amendment takings and interference with a business relationship. Blanco Wilczynski successfully argued that State agencies regulating ambulance companies in Michigan, including regional medical control authorities, have limited statutory authority and cannot legally restrict a licensed ambulance operation which otherwise meets operational statutory criteria from providing ambulance response and patient transports. The case was handled by lead counsel Orlando L. Blanco and Partner Derek S. Wilczynski.
See Michigan Lawyers Weekly story about this case.