Hot Topic: Mass Arbitration--Heckman v. Live Nation
The way mass arbitration cases in the consumer arena are conducted has a new light shining on it via the recent Ninth U.S. Circuit Court of Appeals decision in Heckman v. Live Nation, No. 23-55770 (9th Cir. Oct. 28) (available at https://bit.ly/48tIewN).
The case saw the program by Live Nation and Ticketmaster to move individual consumer complaints—antitrust claims about the company’s domination of live events ticketing—defeated as the appellate panel found that the scheme and rules violated California standards for procedural and substantive unconscionability. The rules were provided by ADR provider New Era ADR. For details, see the CPR Speaks blog for details on the case at https://bit.ly/3OauQEt. For New Era ADR’s response to Heckman, see " The Ninth Circuit Got It Very Wrong in 'Heckman v. Live Nation,'” Law.com (Nov.4) (available at https://bit.ly/48SHuSf.)
CPR reconvenes its YouTube discussion panel to tackle Heckman and its implications. The panel is Philip J. Loree Jr., of New York’s Loree Law Firm; Angela Downes, University of North Texas-Dallas College of Law Professor of Practice and Assistant Director of Experiential Education, and Richard D. Faulkner, a Dallas-based attorney-arbitrator-mediator.
The moderator is Russ Bleemer, editor of CPR's Alternatives to the High Cost of Litigation.
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