Disney tried to force the case into arbitration by citing the agreement on the widower’s Disney Plus trial account.

Disney has now agreed that a wrongful death lawsuit should be decided in court following backlash for initially arguing the case belonged in arbitration because the grieving widower had once signed up for a Disney Plus trial.

“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” chairman of Disney experiences Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

  • Admiral Patrick@dubvee.org
    link
    fedilink
    English
    arrow-up
    272
    ·
    edit-2
    3 months ago

    Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

    Sounds to me like they just want to keep that umbrella waiver in the Disney+ agreement rather than have that, rightly, struck down in court. They are very much still working under the assumption that a subscriber clicking “I Agree” to watch The Mandalorian waives any right to trial against any business unit of Disney Corp for any reason.

    Absolutely despicable.

    • Rooki@lemmy.world
      link
      fedilink
      arrow-up
      98
      ·
      3 months ago

      You agreed to Disneys TOS

      Assassins from Disney licking their fingers because they can legally kill you /j

      Its the dumbest death you can have in an amusement park, dying because the restaurant didnt labeled their allergies right and that the corporation tries to dismiss it because of an DIGITIAL contract that was made for a digital service.

      But this is the bs that you got by applying law so freely.

      • Admiral Patrick@dubvee.org
        link
        fedilink
        English
        arrow-up
        57
        ·
        3 months ago

        Yep, exactly.

        They’re asserting and graciously waiving a “right” they invented themselves in order to keep that from being challenged in court.

        • Rentlar@lemmy.ca
          link
          fedilink
          arrow-up
          14
          ·
          3 months ago

          Just this time, because I care about Disney so much, I’m waiving my right to steal from Disney.

      • Mac@mander.xyz
        link
        fedilink
        arrow-up
        1
        ·
        3 months ago

        They’ll set this precedent eventually. It will only take a few tries and especially against someone who cant fight back.

    • JoshuaFalken@lemmy.world
      link
      fedilink
      arrow-up
      37
      ·
      3 months ago

      An umbrella arbitration clause like this, if it were argued at court, surely would only be held up for cases related to Disney+. At least one would hope. Having such an agreement cover entirely separate arms of a company is ridiculous.

      • Tinidril@midwest.social
        link
        fedilink
        English
        arrow-up
        60
        ·
        3 months ago

        Arbitration contracts, especially in click-through licenses, are always bullshit and should be universally thrown out.

        • Refurbished Refurbisher@lemmy.sdf.org
          link
          fedilink
          arrow-up
          34
          ·
          edit-2
          3 months ago

          Arbitration contracts especially in click-through licenses are always bullshit and should be universally thrown out.

          There should be no reason why a corporation ahould be able to avoid the justice system for any reason.

          • Tinidril@midwest.social
            link
            fedilink
            English
            arrow-up
            14
            ·
            3 months ago

            I could see very specific cases where arbitration makes sense with a very well defined scope. “Parties agree that disputes over widget quality related to this agreement are to be adjudicated by the Widget Quality Counsel”. The courts are not always the best arbiters for every dispute.

            However, what we have now is every corporation finding ways to slide arbitration clauses of global scope into every transaction. That is always bullshit.

            • grue@lemmy.world
              link
              fedilink
              English
              arrow-up
              13
              ·
              3 months ago

              If you give an inch, they take a mile. No forced arbitration clauses, anywhere, ever, period.

        • TipRing@lemmy.world
          link
          fedilink
          English
          arrow-up
          7
          ·
          3 months ago

          All unilateral contracts where one side holds all the cards and can arbitrarily dictate or even alter previously agreed to terms should be held to the strictest standards. This includes employment agreements, terms of service, license agreements and so on.

          Contracts between equals can be more permissive.

          • Tinidril@midwest.social
            link
            fedilink
            English
            arrow-up
            3
            ·
            3 months ago

            Agreed. It’s pretty telling that none of these corporations would accept an open ended arbitration clause in their dealings with any other corporation.

    • trustnoone@lemmy.sdf.org
      link
      fedilink
      arrow-up
      8
      ·
      3 months ago

      Yeah, imo they got worried that people would start asking government agencies to make legislation about things like this, so theyd rather backtrack now so they can keep it as part of their TOS.