The Ninth Circuit Criticizes Mass Arbitration Models

In Heckman v Live Nation Entertainment, Inc., No. 23-55770 (9th Cir. Oct. 28, 2024), the Ninth Circuit revisited Live Nation and Ticketmaster’s arbitration clause and class action waiver after having upheld a previous version last year. Oberstein v. Live Nation Entertainment, Inc., 60F. 4^th 505 (9th Cir. 2023). Live Nation and Ticketmaster’s latest attempt to contain burgeoning consumer litigation involves an effort to curtail what is known as “mass arbitration” — the practice of plaintiff-side attorneys whose clients are bound by class action waivers to inundate…