Case Explained: STATE OF COLORADO, ET AL. V. META PLATFORMS, INC., ET AL.

Court: United States Court of Appeals for the Ninth Circuit Filed: 2026-08-10 Docket: 4:22-md-03047-YGR The ninth-circuit dismissed Meta Platforms, Inc., TikTok, and plaintiffs’ conditional cross-appeals for lack of appellate jurisdiction because the district court’s rulings denying Section 230 motions to dismiss were interlocutory orders not immediately appealable under the collateral order doctrine. The court held that Section 230 of the Communications Decency Act provides a defense to liability rather than immunity from suit, meaning denials of such defenses do not satisfy the stringent requirements for immediate review under 28 U.S.C. § 1291. Specifically, the court found the district court’s decision failed the *Cohen* factors as it was not effectively unreviewable on appeal from a final judgment, was not conclusive given the court’s indication of willingness to revisit the issue, and was not completely separate from the merits of the action. Consequently, the appeals are dismissed and the multidistrict litigation will continue in the district court where Section 230 immunity claims can be reviewed after final judgment. Do It For The Case Law is a news reporting service. Nothing in this episode constitutes legal advice.