Decision from largest judicial circuit establishes majority position that denials of state action immunity are not immediately appealable collateral orders.

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.