- Status
- Dismissed (dismissed)
- As of
- 21 May 2024 · read from the court record
- Court
- U.S. Court of Appeals for the Ninth Circuit · Appellate court
- Docket
- 22-16888 (with 22-16889, 22-16914, 22-16916, 22-16921, 22-16923)
- Judge
- Richard A. Paez, Jennifer Sung (Circuit Judges), Sidney A. Fitzwater (N.D. Tex., by designation)
- Filed
- 2022
- Type
- Appeal, social casino lawsuits
- Money
- No settlement fund or award on record
- Payout
- No payout exists as of 14 Nov 2026
Status words follow the court record: a complaint states one side's allegations, only the court's orders decide anything. Filing a settlement claim is always free.
What this case is about
A motions panel allowed the platforms' interlocutory appeals of the 2022 Section 230 order (order granting interlocutory review 13 December 2022; appeals 22-16888/22-16889 Meta, 22-16914/22-16916 Apple, 22-16921/22-16923 Google) over the plaintiffs' objection; after argument on 8 April 2024 the merits panel dismissed the appeal and cross-appeal for lack of jurisdiction on 21 May 2024 (unpublished, 2024 WL 2287200), vacated the 13 December 2022 order and remanded to Judge Davila, lifting the stay in Horn v. Amazon.
What this case is about
In re Facebook Simulated Casino-Style Games Litigation, No. 22-16888 (9th Cir. May 21, 2024), is an appeal in the U.S. Court of Appeals for the Ninth Circuit.
Meta Platforms, Inc., Apple Inc. and Google LLC appealed a 2022 district court order on Section 230 of the Communications Decency Act (47 U.S.C. 230). The plaintiffs are consolidated social casino players represented by Edelson PC.
The appeals sit in the Social Casino Lawsuits group. The related appeal numbers are 22-16889 (Meta), 22-16914 and 22-16916 (Apple), and 22-16921 and 22-16923 (Google).
The appeals were interlocutory, meaning they were taken before the trial court cases ended. A motions panel allowed them under 28 U.S.C. 1292(b) on 13 December 2022, over the plaintiffs' objection.
Who is covered
This ruling affects the consolidated plaintiffs in the platform cases and the three platforms. It decides no class and defines no group of players. The panel was Circuit Judges Richard A. Paez and Jennifer Sung, with Judge Sidney A. Fitzwater (N.D. Tex.) sitting by designation.
The matter arises in the Ninth Circuit, so the gambling lawsuits in California page shows the state context.
Is there a payout?
No payout exists in this case. It is a procedural appeal, and the record shows no settlement fund, judgment or claim process.
Filing a settlement claim is free wherever a claim exists, but none exists here. GamblingLawsuits.org is not a law firm and not a claims administrator.
What the court decided
The Ninth Circuit decided the appeal in an unpublished memorandum on 21 May 2024 (2024 WL 2287200), after argument on 8 April 2024. It dismissed the appeal and the cross-appeal for lack of jurisdiction.
The panel also vacated the 13 December 2022 order that had granted permission to appeal. It remanded the matter to Judge Davila and lifted the stay in Horn v. Amazon.
As of 14 November 2026 this appeal is closed. The memorandum records a dismissal for lack of jurisdiction, so it contains no ruling on whether Section 230 protects the platforms. The company page on Meta lawsuits tracks the platform's other cases.
Why it matters
The dismissal sent the platform-liability fight back to the trial court without any appellate ruling on Section 230. The record rates the case as a precedent mainly for that procedural reason: interlocutory review was vacated.
Later Ninth Circuit appeals in 2026 involve the same platforms. The guide on why virtual chips count as gambling in Washington State covers the underlying legal question about virtual chips.
Questions people ask
Did the Ninth Circuit rule that app stores are immune under Section 230?
No. The court dismissed the appeals on 21 May 2024 for lack of jurisdiction and vacated the order allowing them, so it issued no ruling on Section 230 immunity.
What happened to the stay in Horn v. Amazon?
The Ninth Circuit's dismissal lifted the stay in Horn v. Amazon. The status of that case is on its own page, listed below.
Is the ruling binding precedent?
The memorandum is unpublished, and its holding is jurisdictional. It records what the panel decided in this appeal and says nothing on the merits of the Section 230 question.
Related cases
- In re Apple Inc. App Store Simulated Casino-Style Games Litigation: the Apple track, status appealed.
- In re Google Play Store Simulated Casino-Style Games Litigation: the Google track, status appealed.
- In re Facebook Simulated Casino-Style Games Litigation (Meta): the Meta track, status appealed.
- Wilkinson v. Meta Platforms and Google (No. 25-7916); Custodero v. Apple (No. 25-7917): the later Ninth Circuit appeals, status appealed.
- Horn v. Amazon.com, Inc. (Amazon Appstore social casino): the Amazon case, status filed.
Who is involved
Plaintiffs: Consolidated plaintiffs
| Defendants | Meta Platforms, Inc.; Apple Inc.; Google LLC |
|---|---|
| Class counsel | Edelson PC |
| Judge | Richard A. Paez, Jennifer Sung (Circuit Judges), Sidney A. Fitzwater (N.D. Tex., by designation) |
| Claims |
|
If you need a lawyer, start with the court-appointed class counsel named above or the bar association referral service of your state or country. This site does not refer readers to law firms.
Is there a payout?
No payout exists in this case as of 14 Nov 2026.
What happens next
No future date is on the record we hold. The case is closed on the record we hold; later appeals or enforcement steps would be added here.
Timeline
2 dated steps on record, oldest first. Future dates come from court notices and can move.
| Date | Event |
|---|---|
| 2022 | Filed |
| 21 May 2024 | Dismissed |
Documents and sources
1 primary source (court file, administrator notice, regulator) and 3 secondary. Press is supporting evidence only.
- Court document: cdn.ca9.uscourts.gov
- Press coverage: epic.org
- Press coverage: epic.org
| What it supports | Source | Type | Retrieved |
|---|---|---|---|
| dismissal for lack of jurisdiction, 21 May 2024, 2024 WL 2287200 | epic.org | secondary | 14 Nov 2026 |
| Ninth Circuit dismissed the consolidated appeal on 21 May 2024 (Horn Dkt. 36) | fingfx.thomsonreuters.com | secondary | 14 Nov 2026 |
| memorandum of 21 May 2024: appeal numbers, district case numbers, argued 8 Apr 2024, panel Paez, Sung, Fitzwater, dismissed for lack of jurisdiction, vacated the 13 Dec 2022 order, not for publication copy of the Ninth Circuit memorandum | hallapproved.com | secondary | 14 Nov 2026 |
| memorandum filed 21 May 2024 (Ninth Circuit archive): Nos. 22-16888/22-16889 (Meta, D.C. 5:21-cv-02777-EJD), 22-16914/22-16916 (Apple, 5:21-md-02985-EJD), Google appeals; argued and submitted 8 Apr 2024; Paez, Sung, Fitzwater; appeal and cross-appeal dismissed for lack of jurisdiction; order granting permission to appeal vacated; not for publication | cdn.ca9.uscourts.gov | primary | 14 Nov 2026 |
Related cases
5 cases in the record share parties, claims or a settlement with this one.
| Case | Court | Status |
|---|---|---|
| Apple social casino MDL | U.S. District Court for the Northern District of California (San Jose); U.S. Court of Appeals for the Ninth Circuit (Nos. 25-7916, 25-7917) | Stayed |
| Google social casino MDL | U.S. District Court for the Northern District of California (San Jose) | On appeal |
| Meta social casino litigation | U.S. District Court for the Northern District of California (San Jose) | On appeal |
| Platform Section 230 appeals (pending) | U.S. Court of Appeals for the Ninth Circuit | On appeal |
| Amazon social casino settlement | U.S. District Court for the Western District of Washington (Seattle) | Filed, pending |
Last checked against the sources on 14 Nov 2026. Found an error? Tell us and we correct the record with a dated note.