Big Groups Back Verizon in Mass Arbitrations 9th Circuit Appeal

Prominent groups, including the U.S. Chamber of Commerce and the California Law Employment Council, filed amicus briefs in the past week at the 9th Circuit U.S. Court of Appeals (docket 22-16020) in support of Verizon’s position that bellwether procedures, which for decades have been used to help resolve complex court litigations, are equally beneficial in mass arbitration situations, said a Ballard Spahr analysis Thursday. Verizon is appealing to the 9th Circuit a district court ruling that the bellwether provision in its arbitration clause was unconscionable. Despite the mandates in the Federal Arbitration Act, “the district court allowed the plaintiffs to circumvent their agreements for individual arbitration of disputes with Verizon,” said the Chamber’s brief. “The Chamber agrees with Verizon that the court erred throughout its decision.” The plaintiff-appellees’ brief is due Dec. 21, unless extended, said Ballard Spahr. Verizon then will have 21 days to file a reply, it said.