this post was submitted on 16 Aug 2024
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Disney lawyers are using an arbitration clause in their Disney account agreement to try to dismiss a lawsuit over a death caused by allergies at Raglan Road. You should be able to find the articles from there.
It's a bit simplistic to say that it's specifically a Disney+ issues.
To summarize differently, their argument goes that if you signed up for a trial of Disney+ (or some other such service), you agreed to an arbitration clause as part of the terms of service.
They are arguing that the arbitration clause therefore applies to everything Disney-related, even if it's a service unrelated to Disney+.
I doubt this will stand a court's scrutiny and will likely get tossed as unenforceable for being an unconscionable contract. Still, Disney sucks for even attempting such a maneuver, and it equally sucks that the US legal system is in such a state that they think this is a possible avenue for success.
I wonder how much of it is Disney thinks this might actually work versus the ole delay, delay, delay tactic. Probably a little bit of both.
They're gonna do the delay tactic too but this is more insidious.
The amount of money the husband is asking for isn't all that much, pennies to them and in the greater scheme of things this is a nothing suit to them, low stakes. Since it's low stakes they're trying this tactic first to see if it'll stick and create that dangerous precedent. I don't suspect it'll go through but with all these right wing pro capitalist judges it might, and it's worth trying for them since it's such a low stakes suit.