SolarCity Corp. v. Salt River Project Agricultural Improvement & Power Dist.

An order denying a motion to dismiss an antitrust action based on state action immunity is not immediately appealable under the collateral order doctrine.  Disagreeing with the 11th Circuit and instead following the Fourth and Sixth Circuits, this decision holds that an order denying a motion to dismiss an antitrust action based on state action immunity is not immediately appealable under the collateral order doctrine.  State action immunity is a defense to liability but not an immunity from suit and so any error can be corrected on appeal from the final judgment.

Ninth Circuit Court of Appeals (Friedland, J.); June 12, 2017; 2017 WL 2508992

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