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.
An order denying a motion to dismiss an antitrust action based on state action immunity is not immediately appealable under the collateral order doctrine.