Hartman v. Meta Platforms, Inc.

Summary

The United States District Court for the Southern District of Illinois grants Meta Platforms, Inc.'s motion to certify a choice-of-law order for interlocutory appellate review under 28 U.S.C. § 1292(b). The court certifies whether Illinois courts must consider Illinois public policy and interests before enforcing a contractual choice-of-law provision selecting a foreign state's law. The issue arises in a putative class action alleging violations of the Illinois Biometric Information Privacy Act through Meta's Messenger applications.

Holdings

1. The enforceability framework for a contractual choice-of-law provision under Illinois choice-of-law rules presents a pure question of law suitable for interlocutory appellate review.
2. The proper legal standard governing enforceability of the choice-of-law provision was controlling because its resolution could materially affect the further course and potentially the outcome of the litigation.
3. The choice-of-law question was contestable and presented substantial grounds for a difference of opinion.
4. The possibility that interlocutory review could resolve the governing-law issue and potentially terminate the BIPA action was sufficient to satisfy the section 1292(b) requirement that immediate appeal may materially advance the litigation.

Questions Presented

1. Whether the Choice of Law Order presented a question of law suitable for interlocutory review under 28 U.S.C. § 1292(b).
2. Whether the certified choice-of-law question was controlling, contestable, and likely to materially advance the ultimate termination of the litigation.
3. Whether, under Illinois choice-of-law rules, courts must consider Illinois public policy and Illinois's materially greater interest before enforcing a choice-of-law provision selecting foreign law.

Disposition

other