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ARTICLE · 02 APRIL 2025

More Good News On Heckman: An Update On Mass Arbitration

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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In October 2024, the Ninth Circuit decided Heckman v. Live Nation Entertainment, Inc., 120 F. 4th 670 (9th Cir. 2024). We wrote here about the Court's decision to invalidate Ticketmaster's arbitration agreement.

United StatesLitigation, Mediation & Arbitration

In October 2024, the Ninth Circuit decided Heckman v. Live Nation Entertainment, Inc., 120 F. 4th 670 (9th Cir. 2024). We wrote here about the Court's decision to invalidate Ticketmaster's arbitration agreement. The Ninth Circuit found that Ticketmaster's mass arbitration protocols were so extreme that they rendered the entire arbitration provision unenforceable. For example, Ticketmaster's procedures provided that precedent from three bellwether cases would be binding on all claimants—despite those claimants' inability to participate in the bellwether proceedings.

The question we were left with was, can arbitration provisions have any mass arbitration protocols post- Heckman? We predicted that Heckman would be interpreted narrowly, leaving unscathed less extreme mass arbitration protocols. Early signs were promising. District courts have read the Heckman decision narrowly—see our post here.

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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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