A district court decision on January 2, 2025, in *Kohler v. Whaleco Inc.*, provided important clarification on mass arbitration terms following the Ninth Circuit's ruling in *Heckman v. Live Nation Entertainment, Inc.* The court determined that the *Heckman* decision was specifically limited to bellwether proceedings, not batching protocols.
The Ninth Circuit had previously struck down Ticketmaster's mass arbitration terms as unconscionable due to bellwether provisions that bound claimants without their participation or notice. The *Kohler* decision, however, affirmed that batching protocols, which administer arbitration demands in groups, are permissible and do not share the same due process concerns.
This interpretation is favorable for businesses, including Live Nation, that utilize mass arbitration protocols in their terms of service. It provides a clearer framework for enforceable mass arbitration, allowing for efficient dispute resolution without the issues raised by the previously invalidated bellwether provisions.
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