9th U.S. Circuit Court of Appeals
Nov. 22, 2024
Ninth Circuit calls out Ticketmaster's arbitration drama
The Ninth Circuit struck down Ticketmaster's arbitration agreement, finding it unconscionable under California law due to procedural and substantive flaws, including a problematic bellwether process. The decision in Heckman v. Live Nation highlights significant due process concerns in mass arbitration, questioning its viability as a class action alternative.
John A. Vogt
Partner
Jones Day
3161 Michelson Dr Ste 800
Irvine , CA 92612
Phone: (949) 851-3939
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Email: javogt@jonesday.com
Notre Dame Law School
John is a member of the firm's Cybersecurity, Privacy and Data Protection Practice.
In the recent decision of Heckman v. Live Nation Entertainment, Inc., the Ninth Circuit Court of Appeals affirmed the district court's denial of Live Nation and Ticketmaster's motion to compel arbitration. The court found the arbitration agreement unconscionable under California law, particularly criticizing the bellwether process employed by New Era ADR, the arbitration entity involved.
Key findings of the court
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