Ceasefire Crumbles: “Cracks in the Truce”
But that brittle peace didn’t last. Last month, Tubi claimed Keller Postman had breached the agreement, accusing it of reverting to tactics courts had already condemned and attempting to block the court from viewing arbitration rulings and outcomes.
In a March 25 status report, Tubi claimed Keller Postman had resumed filing arbitration claims on behalf of clients who fell outside the original agreement, thus undermining the intended scope of the settlement.
Keller Postman responded with fury, declaring that Tubi’s accusations were unfounded and that the company was simply trying to muzzle legitimate appeals from thousands of users still fighting to opt out of the Illinois class settlement in Gregory v. Tubi Inc.
Appeals in Motion: Arbitration’s Next Wave?
The firm emphasized that nothing in the January agreement required those clients to waive their appellate rights if their opt-out bids were denied by the Illinois court. As of now, about 8,700 clients are appealing, and Keller Postman argues that if they win, arbitration must continue — either merged with the existing 10 consolidated cases or added as an 11th.
Tubi, however, maintains that arbitration should be limited strictly to those who were explicitly allowed to opt out of the Illinois settlement. Any other claim, they say, goes beyond the agreed-upon boundaries.
