Document Type

Blog Post

Publication Date

11-26-2025

Abstract

An interesting new development in alternative dispute resolution has worked its way up the court system in the last few years, as a group of plaintiffs brought a putative class action alleging anticompetitive practices against Live Nation Entertainment and Ticketmaster. Live Nation and Ticketmaster moved to compel arbitration based on Ticketmaster’s Terms of Use, which purported to require that plaintiffs arbitrate claims before a newly created arbitration company—New Era ADR. The Ninth Circuit affirmed the district court’s order denying defendants’ motion to compel arbitration in Heckman v. Live Nation Entertainment, Inc., determining that New Era’s arbitration rules were procedurally and substantively unconscionable. The case reached its final resting place this October, when the Supreme Court, without comment, left the Ninth Circuit’s decision intact.

The print edition of the issue has also been released. This post was originally published on the Cardozo Journal of Conflict Resolution website on November 26, 2025

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