The Ninth Circuit recently delivered a disappointing and flawed ruling on a motion to compel arbitration in Heckman v. Live Nation. Since New Era was not a party in this case, we stayed silent and trusted the court to see through the numerous mischaracterizations made about our platform by Heckman's lawyers. The court made inferences, conclusions, and findings without ever asking to hear from us. As a result, the ruling is fraught with innumerable falsehoods and inaccuracies, and we're clearing up a few of the many areas the court got wrong.

To summarize the decision: The Ninth Circuit upheld a District Court ruling that Live Nation and Ticketmaster cannot compel arbitration in this lawsuit. In its analysis of the motion to compel arbitration, the Ninth Circuit found both procedural and substantive unconscionability in Live Nation and Ticketmaster's terms of use. Its finding of substantive unconscionability was based on the Court's misunderstanding of New Era's mass arbitration rules and procedures.