Yetter Coleman’s antitrust practice group, alongside highly respected co-counsel, has obtained another significant victory on behalf of one of the nation’s leading private equity firms with the dismissal of claims in litigation pending in the U.S. District Court for the Southern District of Texas.
The class action lawsuit alleged Welsh, Carson, Anderson & Stowe and its portfolio company, U.S. Anesthesia Partners Inc. (USAP), engaged in a roll-up strategy and other anticompetitive conduct to monopolize hospital anesthesia services in Texas and other states.
U.S. District Judge Alfred H. Bennett dismissed the claims against Welsh Carson with prejudice on Aug. 26, finding they were time-barred under the statute of limitations. The claims against USAP remain pending.
This marks the third consecutive dismissal Yetter Coleman has helped secure for Welsh Carson in related litigation and investigations. In May 2024, the U.S. District Court for the Southern District of Texas dismissed the Federal Trade Commission’s complaint against the private equity firm, concluding that there was no alleged conduct within the past six years that plausibly amounted to an antitrust violation. In September 2024, another Texas federal judge dismissed parallel class action claims.
“We appreciate the court’s careful consideration and are pleased to win another conclusive ruling dismissing claims against our clients,” said partner Paul Yetter, who argued the motion before the court in May.
The Yetter Coleman team also included partner Tyler P. Young and associates Kay Dannenmaier and Luke A. Schamel. The firm worked closely with Ropes & Gray LLP as co-counsel to Welsh Carson.