US Anesthesia Partners Appeal of FTC Suit Tossed by Fifth Cir.

A US appeals court rejected US Anesthesia Partners’ latest bid to quash the Federal Trade Commission’s lawsuit targeting its private equity-backed roll-up strategy, ruling an appeal is only appropriate after a final judgment.

USAP sought relief from the US Court of Appeals for the Fifth Circuit after a Texas judge in May denied the anesthesiologist practice’s motion to dismiss the FTC’s antitrust lawsuit. The Fifth Circuit on Thursday dismissed that appeal on the grounds that USAP’s case isn’t eligible for an immediate review.

The appeal fails “because nothing will prevent appellant from presenting its arguments to this court after a ...