Angel Jet Services, LLC v. Giant Eagle, Inc.

MEMORANDUM

Appellant Angel Jet Services, Inc., an “air ambulance” company, challenges two rulings from the U.S. District Court for the District of Arizona: (1) the award of attorneys’ fees and costs to Appellee Giant Eagle, Inc. (“the Company”) and Giant Eagle Group Health Insurance (“the Plan”); and (2) the denial of Appellant’s motion for attorneys’ fees and costs. We have jurisdiction over this matter under 28 U.S.C. § 1291 . We review questions of fact under the “deferential, clearly erroneous standard, and questions of law under the non-deferential, de novo standard.” Lads Trucking Co. v. Bd. of Trs. of W. Conference of Teamsters Pension Trust Fund, 777 F.2d 1371, 1373 (9th Cir.1985).

At all times relevant, Deborah Siebel was a beneficiary of the Plan. In late 2008, Ms. Siebel — who was dying of lung cancer — traveled to Monaco to receive treatment. When it became clear that she could not recover from her illness, Ms. Siebel’s family began looking for a way to take her back home to Pittsburgh, Pennsylvania. Her family approached Appellant.

Appellant provided the Siebels with a quote of $92,460 for “bedside to bed” transportation from Monaco to Pittsburgh. An agreement was…