We believe that an affirmance by the 9th Circuit will provide a clear roadmap for the remainder of these cases.' (Edelson has previously won hundreds of millions in settlements from social casino apps the firm accused of facilitating illegal online gambling.) “This case puts at issue tens of billions of dollars lost by ordinary hard-working Americans, and Section 230 is one of the platforms' primary defenses. “The court's choice to make the decision immediately appealable is a welcome one,” Balabanian said in an email statement.
Lead plaintiffs lawyer Rafey Balabanian of Edelson said the judge was right to tee up the case for the 9th Circuit. (The judge stayed the underlying cases until the 9th Circuit decides whether to take up the appeal.) After all, as Davila pointed out, if the 9th Circuit disagrees with his holding that the Apple, Google and Meta can be held liable for processing payments for gambling chips, the litigation is over. The parties must still petition the 9th Circuit to grant review of Davila’s decision, but the judge’s certification substantially increases the odds that the appeals court will hear the case before the litigation goes any farther.