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The state-action immunity doctrine may be obscure but that doesn’t stop the Supreme Court for accepting a steady diet of cases involving the issue.
State-action immunity provides states and, in some instances, local governments immunity from federal antitrust liability. In Salt River Project Agricultural Improvement and Power District v. SolarCity the Supreme Court will decide whether a lower court’s refusal to rule state-action immunity applies to a particular entity may be appealed immediately or only after the case is fully litigated.
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