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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.
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.
IANAL but i am wondering if Disney is somehow letting this case go as a backdoor way to legitimize arbitration agreements.
Like, i just can’t see Disney not knowing this is the wrong case to push the legitimacy of an arbitration agreement. But if this case somehow legitimized through whachacallit… precedent… that an arbitration agreement, while binding in a primary sense, is not binding for every Disney product, wouldn’t Disney (and really every company that uses binding arbitration as part of using their product) consider that a win?
Because as i understand it, arbitration agreements as a requirement to use a service is still an untested legal grey area. Anything legitimizing them at all would be a win… Right? Againn ianal
Disney will happily spend a million to defend against 50k if they have a chance of getting a court decision that their contract is valid for everything associated with the Disney brand
It’s broader than just a Disney+ trial account, it’s part of the whole Disney account, such as when you buy tickets as he did in 2023. Between that and the Florida judge I’m not sure it will get thrown out.
Best case scenario is forced arbitration is just ended. It should be an option, not a requirement.
https://www.bbc.com/news/articles/c8jl0ekjr0go
Disney adds that Mr Piccolo accepted these terms again when using his Disney account to buy tickets for the theme park in 2023.
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.
At this point they get to throw everything at the wall and see what sticks.
IANAL but i am wondering if Disney is somehow letting this case go as a backdoor way to legitimize arbitration agreements.
Like, i just can’t see Disney not knowing this is the wrong case to push the legitimacy of an arbitration agreement. But if this case somehow legitimized through whachacallit… precedent… that an arbitration agreement, while binding in a primary sense, is not binding for every Disney product, wouldn’t Disney (and really every company that uses binding arbitration as part of using their product) consider that a win?
Because as i understand it, arbitration agreements as a requirement to use a service is still an untested legal grey area. Anything legitimizing them at all would be a win… Right? Againn ianal
The even bigger irony is that he only sued for $50k. That’s peanuts for big D. Their lawyers probably got more for digging up that arbitration clause.
Disney will happily spend a million to defend against 50k if they have a chance of getting a court decision that their contract is valid for everything associated with the Disney brand
It’s broader than just a Disney+ trial account, it’s part of the whole Disney account, such as when you buy tickets as he did in 2023. Between that and the Florida judge I’m not sure it will get thrown out.
Best case scenario is forced arbitration is just ended. It should be an option, not a requirement.
https://www.bbc.com/news/articles/c8jl0ekjr0go
I wonder if you can buy tickets in person to avoid making the account.
Except Disney lawyers actually cited the clause the in the Disney+ subscription.
Yes, there’s more, but they actually cited Disney+.
I really can’t emphasize that enough.