Long Term Care Partners, LLC v. United States

WILLIAMS, Chief Judge,

concurring in part and dissenting in part and concurring in the judgment:

I join in full in Parts I, III.B, and IV of the majority opinion and, accordingly, I concur in the result reached in Part V, affirming the dismissal of the complaint by Long Term Care Partners, LLC (“LTC Partners”). I write separately, however, because I believe that, in light of Arbaugh v. Y&H Corp., 546 U.S. 500, 126 S.Ct. 1235, 163 L.Ed.2d 1097 (2006), “final agency action” under § 704 of the Administrative Procedure Act (“APA”) is not a prerequisite for us to exercise subject matter…