WASHINGTON, Oct 6 (Reuters) - The U.S. Supreme Court
declined on Monday to hear a bid by Live Nation and its
subsidiary Ticketmaster to move a proposed consumer class action
lawsuit over rigged ticket prices out of federal court and into
private arbitration.
The justices turned away Live Nation's appeal of a lower
court's decision to allow the litigation to move forward in
federal court because the arbitration rules at issue were
overtly beneficial to companies and unfair to consumers.
Beverly Hills, California-based Live Nation was accused by
ticket purchasers in the 2022 lawsuit filed in Los Angeles of
monopolizing ticketing services, allowing the company to charge
artificially high prices in violation of antitrust law. The
plaintiffs are seeking unspecified monetary damages.
Live Nation in its challenge to the lawsuit tried to push
the consumers into arbitration at New Era ADR, which launched in
2021 and offered a new "mass" arbitration procedure. Under this
procedure, a neutral arbitrator who presides over the matter
could group together cases and make a ruling that would apply to
them and other subsequent disputes.
Companies often promote arbitration as a more efficient way
for individual consumers to air their disputes outside of court.
Arbitration provisions can limit or bar consumers from forming
class actions in court that might put greater pressure on a
company to settle claims. Class actions, on the other hand, can
expose companies to tens of millions of dollars, if not
billions, in liability.
Mass arbitration is relatively new, and Live Nation and
other companies have said that lawyers for plaintiffs
increasingly are filing thousands of identical arbitration
claims, overwhelming providers.
A federal judge in 2023 declined Live Nation's request to
move the claims out of court and into private arbitration.
The San Francisco-based 9th U.S. Circuit Court of Appeals
last year upheld that decision. The 9th Circuit said New Era's
mass arbitration rules were "so dense, convoluted and internally
contradictory to be borderline unintelligible." New Era is not a
defendant in the litigation.
Live Nation in its petition asking the Supreme Court to take
up the matter said the 9th Circuit decision "threatens
arbitration in general and hamstrings good-faith efforts to
combat the destructive effects of mass arbitration filings."
New Era in a Supreme Court filing said its rules "have
remained centered on keeping mass arbitration workable,
accessible, fast, and merits-based for all parties involved."
The consumers in their Supreme Court filing denied that the
lower courts showed any hostility to federal arbitration.
Live Nation faces other antitrust lawsuits over its
ticketing practices, including an antitrust action filed in
federal court in Manhattan by the U.S. Justice Department and a
group of states.