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ARTICLE · 03 JANUARY 2025

Federal Court Enforces Mass Arbitration Terms

Frankfurt Kurnit Klein & Selz PC
Frankfurt Kurnit Klein & Selz PC
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Frankfurt Kurnit Klein & Selz PC

Frankfurt Kurnit Klein & Selz PC

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We recently wrote about the Ninth Circuit's decision in Heckman v. Live Nation Entertainment, Inc., No. 23-55770, 120 F. 4th 670 (9th Cir. 2024)...

United StatesLitigation, Mediation & Arbitration

We recently wrote about the Ninth Circuit's decision in Heckman v. Live Nation Entertainment, Inc., No. 23-55770, 120 F. 4th 670 (9th Cir. 2024), which struck down Ticketmaster's mass arbitration terms as unconscionable and unenforceable. We observed that these terms were extreme. The terms provided that three confidential bellwether cases would be binding on all plaintiffs—regardless of their inability to participate or even know about those proceedings. The Ninth Circuit held that this method of dispute resolution was "unworthy even of the name of arbitration."

What seemed to trouble the Ninth Circuit most was that Ticketmaster's bellwether provisions strongly resembled a class action, yet did not provide the non-bellwether claimants with any of the protections or benefits of a class action. While the Ninth Circuit expressed skepticism that any mass arbitration is consistent with the Federal Arbitration Act, we predicted that the Ninth Circuit had left breathing

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This post first appeared in Frankfurt Kurnit's Focus on the Data blog (www.focusonthedata.com). It provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

Originally published by the New York Legal Ethics Reporter

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

www.fkks.com

This alert provides general coverage of its subject area. We provide it with the understanding that Frankfurt Kurnit Klein & Selz is not engaged herein in rendering legal advice, and shall not be liable for any damages resulting from any error, inaccuracy, or omission. Our attorneys practice law only in jurisdictions in which they are properly authorized to do so. We do not seek to represent clients in other jurisdictions.

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