cross-posted from: https://feddit.uk/post/16155215
Disney has asked a Florida court to dismiss a wrongful death lawsuit filed earlier this year regarding a woman who passed away due to anaphylaxis after a meal at Disney Springs, citing an arbitration waiver in the terms and conditions for Disney+.
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In the latest update for the Disney Springs wrongful death lawsuit, Disney cited legal language within the terms and conditions for Disney+, which “requires users to arbitrate all disputes with the company.” Disney claims Piccolo reportedly agreed to this in 2019 when signing up for a one-month free trial of the streaming service on his PlayStation console.
In the May 31 motion filed to move the wrongful death lawsuit to arbitration, Disney attorneys said that the Disney+ subscriber agreement states that any dispute, except for small claims, “must be resolved by individual binding arbitration.”
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Attorneys for Piccolo called Disney’s latest motion “preposterous,” and that it’s “‘absurd’ to believe that the 153 million subscribers to the popular streaming service have waived all claims against the company and its affiliates because of language ‘buried’ within the terms and conditions,” according to Newsday.
The notion that terns agreed to by a consumer when creating a Disney+ free trial account would forever bar that consumer’s right to a jury trial in any dispute with any Disney affiliate or subsidiary, is so outrageously unreasonable and unfair as to shock the judicial conscience, and this court should not enforce such an agreement.
Brian Denny, Piccolo’s West Palm Beach attorney in a filing on August 2, 2024
Hopefully the judge is overwhelmed by disgust from a movement like this, since binding arbitration has only served as a means to deny consumers access to judicial remedies. It should never have been an option in the first place.
Curiously, the whole point of having justice and arbitration systems is to prevent parties from resorting to violence for vengeance. It’s why, in the four boxes of freedom, the ammunition box follows the jury box.
Even if he did, the SCOTUS precedents lean heavily in favor of forced arbitration. Which will likely be Christian as well because they use a flavor of Christianity that believes the wealthy are blessed by God and the poor are poor because they’re not good Christians. Almost like forced arbitration was a ruse from the word go.