GoKawiilMeta and TikTok tried to defeat thousands of social media addiction lawsuits in one fell swoop, but an appeals court rejected the attempt in a ruling issued yesterday.
First up among the lawsuits is a case brought against Meta by the California attorney general and other state AGs. Meta said in a July court filing that the state AGs’ demands for damages would amount to more than $1.4 trillion. A trial in district court is scheduled to start on August 19, with jury selection beginning August 12.
In a 3-0 ruling yesterday, a judges’ panel from the US Court of Appeals for the 9th Circuit rejected the Meta and TikTok claims that they have legal immunity to the lawsuits under Section 230 of the Communications Decency Act.
“Because Section 230 merely provides a defense to liability—not immunity from suit—we lack appellate jurisdiction to review the district court’s rulings on an interlocutory basis. Therefore, we dismiss Meta’s and TikTok’s appeals,” judges wrote. They added in a footnote that “Meta’s emergency motion to stay trial pending resolution of this appeal is denied as moot.”
Meta was the main company claiming immunity from the lawsuits. The 9th Circuit ruling said that “the TikTok entities have not independently briefed any of the issues and merely join in Meta’s arguments.”
Although Section 230 limits liability for online platforms that host third-party content, Congress didn’t give companies an explicit guarantee that they will not face trials, the 9th Circuit judges’ panel said. “When Congress wants to create immunity from suit, it knows how to say so unequivocally,” judges said.
State AGs say “Meta deceived the public”
The ruling allows a trial to proceed this month over consumer protection claims brought by California, Colorado, Kentucky, and New Jersey. State attorneys general recently responded to Meta’s complaint about the amount of damages the states are seeking.