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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.

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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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