Topic
Mass Arbitration
55 published works
The CLS Blue Sky Blog
Skadden Discusses the Continued Abuse of Mass Arbitration
By Michael W. McTigue Jr. And Meredith C. Slawe
On April 15, 2025, the American Arbitration Association (AAA) distributed an infographic with statistics on mass arbitration in 2024, which could be read to suggest that the consumer mass arbitration…
Inside Class Actions
FedArb Updates Mass Arbitration Rules to Incorporate Affirmation Requirement
By Devon Schulz
Companies with arbitration agreements should carefully consider potential arbitration providers’ mass arbitration procedures and fee structures if they could be at risk of becoming the target of a mass arbitration.…
Class Defense Blog
Amicus brief defends use of bellwether proceedings to resolve mass arbitrations
By Archis A. Parasharami, Kevin Ranlett, Adam Hudes
We have written before about the well-documented rise of abusive mass arbitrations, which seeks to weaponize arbitration clauses to try to extract a settlement from the targeted business, regardless of…
ContractsProf Blog
AmEx Tries to Pull a Samsung to Avoid Mass Arbitration, but It Ain’t Got the Rizz
We have been following moves in mass arbitration for a few years. Nearly fifteen years ago now, SCOTUS told merchants that the Federal Arbitration Act (FAA) pre-empted state laws banning…
Class Action & Mass Torts
The Ninth Circuit Criticizes Mass Arbitration Models
By Anna McLean, Ce-Lai Powell Fong
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…
Class Action & Mass Torts
The Ninth Circuit Criticizes Mass Arbitration Models
By Anna McLean, Ce-Lai Powell Fong
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…
Class Defense Blog
Ninth Circuit holds that arbitration agreement adopting New Era’s mass-arbitration rules is unconscionable—but the decision is narrow and limited to New Era’s unique rules
By Andrew J. Pincus, Archis A. Parasharami, Kevin Ranlett, Daniel Jones, Adam Hudes
Abuse of the arbitration system by plaintiffs’ lawyers through the filing of mass arbitrations is by now well-documented, including in a paper we authored for the Chamber of Commerce’s Institute…
Inside Class Actions
A Closer Look: Ninth Circuit Holds Arbitration Agreement with Certain Mass Arbitration Protocols Unenforceable
In a significant decision for businesses who are attempting to revise their consumer arbitration clauses to address the prospect of mass arbitration, the Ninth Circuit affirmed the district court’s denial…
ContractsProf Blog
Samsung’s Chutzpah Rewarded in the Seventh Circuit
We blogged about the District Court ruling in this case, in one of our first ventures into the realm of mass arbitration. The relevant facts, which have nothing to do…
Inside Class Actions
Seventh Circuit Reverses Order Compelling Payment of Mass Arbitration Fees
A recent Seventh Circuit decision, Wallrich v. Samsung Elecs. Am., Inc., --- F.4th ----, 2024 WL 3249646 (7th Cir. July 1, 2024), will be of interest to companies facing mass…