SolarCity Corp. v. Salt River Project Agricultural Improvement and Power District, No. 15-17302 (9th Cir. 2017)
Annotate this CaseThe Ninth Circuit joined the Fourth and Sixth Circuits in holding that the collateral-order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity. In this case, SolarCity filed a federal antitrust suit against the Power District, alleging that the Power District had attempted to entrench its monopoly by setting prices that disfavored solar power providers. The district court denied Power District's motion to dismiss the complaint based on the state-action immunity doctrine. Accordingly, the panel dismissed the interlocutory appeal based on lack of jurisdiction.
Court Description: Collateral-Order Doctrine/State-Action Immunity Dismissing for lack of jurisdiction an interlocutory appeal from the district court’s order denying the Salt River Project Agricultural Improvement and Power District’s motion to dismiss SolarCity Corporation’s antitrust lawsuit based on the state-action immunity doctrine, the panel held that the collateral-order doctrine does not allow an immediate appeal of an order denying a dismissal motion based on state-action immunity.
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