Mass Arbitration Rules Under Scrutiny As Live Nation Asks SCOTUS To Overturn Heckman

Takeaways

• Live Nation's petition to overturn the Ninth Circuit's Heckman decision highlights the importance of allowing parties to develop arbitration procedures tailored to mass arbitration.
• Heckman casts a shadow on attempts by arbitration services and companies to design rules needed to address the challenges and complexities of mass arbitration proceedings brought by consumers and employees.
• Until the Supreme Court weighs in, companies should exercise increased caution in drafting arbitration agreements with mass arbitration procedures.

Article

On May 5, 2025, Live Nation filed a petition for writ of certiorari asking the U.S. Supreme Court to address two issues: (1) clarify whether the Federal Arbitration Act (FAA) protects arbitration agreements with procedures designed for "mass arbitration" and (2) decide whether California's severability doctrine is preempted by the FAA because it targets and disproportionately invalidates arbitration