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Ninth Circuit nixes immediate appeals of denials of state action immunity

Overview

On June 12, 2017, the US Court of Appeals for the Ninth Circuit held that a defendant cannot immediately appeal a finding that the defendant lacks immunity from federal antitrust law under the state action doctrine. See SolarCity v. Salt River Project Ag. Improvement & Power Dist., No. 15-17302, 2017 WL 2508992 (9th Cir. June 12, 2017). This decision tips the scales in a circuit split between the Fourth, Sixth and now Ninth Circuits — which do not allow immediate appeals — and the Fifth and Eleventh Circuits, which do.