Ninth Circuit Upholds Mass Arbitration Consolidation
By David M. Krueger, Meegan Brooks, & Carlo Lipson
Federal Civil Practice,
May 2025
The Ninth Circuit's decision in Jones v. Starz Entertainment, LLC (2025) marks a significant development in managing mass arbitration. The court upheld the consolidation of over 7,200 individual claims into a single arbitration under JAMS rules, saving Starz over $12 million in fees. The court ruled that consolidation is a procedural matter for arbitration providers—not courts—and found that Starz did not refuse to arbitrate by supporting consolidation. The decision distinguishes consolidated arbitration from class arbitration and confirms that mass arbitration procedures are enforceable if the underlying agreement permits them. This ruling provides critical guidance for businesses to craft enforceable and cost-effective arbitration agreements amid the rise of mass arbitration strategies.
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