Ninth Circuit’s Earlier Ruling Looms in the Background
Live Nation first sought dismissal in November, arguing the plaintiffs lacked standing and failed to state a viable ERISA claim. The dispute previously bounced to the Ninth Circuit, where an Aug. 4 unpublished memorandum added layers of complexity to the case.
The appellate panel partially reversed the district court’s decision compelling arbitration of the proposed class action, ruling that certain unconscionability defenses were wrongly discarded as preempted by ERISA. But the panel refrained from ruling on plaintiff Platt’s remaining arbitration defenses, returning the question to the lower court.
On remand, the workers attempted to press their ERISA claims both individually and on behalf of other plan participants — a move Judge Anderson had already rejected in a Nov. 25 order. He ruled that the court’s earlier determination that Live Nation’s class waiver was enforceable remained intact and unaltered by the Ninth Circuit’s decision.
“The court’s prior ruling … remains binding unless reconsideration is warranted,” he reiterated in Wednesday’s order.
