Swifties v. Ticketmaster
Next status hearing in the Swiftie case:
TBD in February 2025
We are awaiting a decision as to whether our case (Barfuss, et al. v. Live Nation, et al.) will proceed to discovery or Ticketmaster will file a motion to compel arbitration.
9th Circuit’s Heckman v. Live Nation decision:
The outcome of the Skot Heckman, et al. v. Live Nation Entertainment Inc., et al. case (Case Number 23-55770) before the 9th Circuit Court of Appeals is crucial for the progress of our federal case. Although we are not directly involved in this lawsuit, the case specifically challenges the mandatory arbitration clause in Ticketmaster’s terms and conditions—a key issue in our own litigation. The 9th Circuit issued their ruling in favor of the Heckman plaintiffs in late 2024.
On June 14, 2024, the Heckman’s oral arguments took place in the Ninth Circuit Court of Appeals in Pasadena, CA. The proceeding is available on Youtube, providing insight into the proceeding. The briefs submitted by both Live Nation and the Heckman plaintiffs are vital in understanding the legal arguments being presented.
Swifties v. Ticketmaster Lawsuit
The Swifties v. Ticketmaster lawsuit is closely tied to the Heckman et al. v. Live Nation et al. case, with the ruling on August 10, 2023, by Judge George Wu marking a crucial moment in holding Ticketmaster accountable for its business practices.
Case Background
The Heckman case scrutinized Live Nation’s new arbitration agreement through New Era ADR, a far more stringent mechanism than the one previously upheld in Oberstein et al. v. Live Nation et al. The decision in Heckman has the potential to influence similar cases, such as the Swifties v. Ticketmaster lawsuit. This connection was explicitly acknowledged by Judge Wu during a hearing on July 20, 2023, where he stated:
"So I guess we would hold off on that motion because you will see what happens when I rule [in the Heckman case], and, you know, if it's different then maybe it's a different result. If it's not different, then I probably should reach the same result in this case as I did in that case, if it's the same issue, which apparently both sides are saying that it's probably the same issue."
- Judge Wu, (PDF)
This ruling by Judge Wu in favor of the fans in the Heckman case could indeed set a precedent that may impact the outcome of the Swifties v. Ticketmaster lawsuit, offering hope for those seeking to challenge Ticketmaster's practices.
For a detailed explanation of the case, NBC News' article titled Ticketmaster’s ‘Kafkaesque’ arbitration process is rigged, lawyers say provides insightful context.