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Disney gives up on trying to use Disney Plus excuse to settle a wrongful death lawsuit

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.”

MediaBiasFactChecker Bot ,

The Verge - News Source Context (Click to view Full Report)Information for The Verge:
> MBFC: Left-Center - Credibility: High - Factual Reporting: High - United States of America
> Wikipedia about this source

Search topics on Ground.Newshttps://www.theverge.com/2024/8/14/24220228/disney-wrongful-death-lawsuit-subscription-terms
https://www.theverge.com/2024/8/20/24224277/disney-wrongful-death-lawsuit-waiving-arbitration

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aeronmelon ,

Too. Late.

henfredemars ,

Arbitration is an abomination, abused to quash the rights of regular people who could hardly afford to take a stand against the big guy in the first place.

That a person can sign away their legal rights at all is a miscarriage of justice.

winterayars ,

Yeah that’s basically “slavery is okay if you sign a contract first”. Should be self evidently wrong.

Blackmist ,

In most places they can’t.

EULAs do not override local laws.

thejoker954 ,

Arbitration is fine.

Forced arbitration is the problem.

CosmicTurtle0 ,

Arbitration, generally, is not a bad idea. It’s less formal and usually less expensive when you have a disagreement. It really is designed for, say, two friends who are going into business together and want to keep things friendly while giving each other the ability to seek an external arbitor.

However, it’s our late stage capitalism that has made forced arbitration an abomination, with corporations seeking to limit their liability by making it unprofitable for individuals to seek legal remedies against very large corporations. Corporations that have the legal equivalent of nukes verses the average customer who has a peashooter.

I’m at the point whenever I see these clauses to snail mail then my own terms and if they don’t react, I assume that my terms were accepted. I’ve been doing this now for the last few years and have yet to have a company shut off my service or reply back.

half_fiction ,

I’m just confused how anyone thought this was a good idea to begin with. Surely the strong public backlash could have been easily anticipated.

catloaf ,

Most of the time, nobody notices.

half_fiction ,

Most of the time it’s not as egregious as trying to use a free trial for streaming to force arbitration for wrongful death at an amusement park. I truly can’t imagine any world where this doesn’t blow up because it’s so outrageous.

ironhydroxide , (edited )

The world where the government is for the corporations not the people. We’re getting very nearly there, with legal bribery and corporations being considered “people”.

Sure the people might be outraged, but legally outage doesn’t matter and the corporations have a huge power advantage over a single person.

half_fiction ,

While I generally agree with you, this case is literally an example of how the public’s outrage DOES matter and potentially changed the course of this case, regardless of the legality.

ironhydroxide ,

Yes, for now. Their response says a lot as well. “We’ve decided to waive our right to arbitration”

To me, this is them not wanting the arbitration clause itself looked at, and struck down.

So they back off and let this one pass, until they have enough power to not care about the outrage. (And in all the future cases the clause still applies and they continue to fuck over whomever they will)

grue ,

Legal and PR are different departments.

MehBlah ,

I wonder how these stupid attempts ever get pass these supposedly smart executives. You have to be pretty stupid to hold someone to a agreement that was over four years before. The idea that you are bound by a contract for a online service after you cancel it is absurd and downright stupid.

winterayars ,

Some kind of legal basilisk where once it sees you, you no longer have any rights ever…

mozz ,
@mozz@mbin.grits.dev avatar

This kind of stuff is actually pretty common in lawsuits. You just throw everything at the wall, because sometimes something sticks. It looks heinous in the light of normal human behavior (and you can say they’re awful for not just settling the lawsuit and making the guy go through this), but once they’ve decided to fight it, you can’t really blame the lawyers for doing their jobs finding what they can to fight it with.

TrickDacy ,

I fucking hate Disney.

With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach

Yeah if they possessed sensitivity they would’ve never tried this. The only reason they changed their mind is public backlash which would’ve been obvious to foresee.

So they’re myopic and insensitive. Also just cruel. It doesn’t matter in the slightest if they could’ve gotten away with this. It’s straight evil to try it.

Frozengyro ,

They said they decided to waive their right to arbitration. They still think that’s their right, fucking sickening.

TrickDacy ,

I think they put it that way because they want to signal how powerful they are while pretending to be ethical

frunch ,

Exactly, i thought of this as a tapping of the holstered guns they’re openly wearing

winterayars ,

I’d say actually the only reason they backed down is because they realized they were going to lose and didn’t want to risk their arbitration clause getting struck down in a court.

TrickDacy ,

Yeah, maybe. It definitely wasn’t for a selfless reason

KingBoo ,

This was exactly it.

They’ll wait for a case they can win for sure and let court precedent destroy their customers following.

If the reversed happened, it would be a massive win for consumers. The mouse can’t allow that.

cordlesslamp ,

I wonder if anyone cancels their Disney+ over this. I know I would if I had it.

HulkSmashBurgers ,

Remember that south park episode, The human centi-iPad. Yeah.

HubertManne ,

I was thinking about the simpsons were marge is reading the letter that says by reading it allowed you waive all rights in perpetuity or something.

Got_Bent ,

Disney: Guilty of murdering its resort guests as well as the entire Star Wars franchise.

Zorsith ,
@Zorsith@lemmy.blahaj.zone avatar

I mean, I dunno about the entire star wars franchise. Bad Batch and Rebels were pretty great.

chronicledmonocle ,

And Ahsoka. And Andor. And The Mandalorian.

Melatonin ,

The franchise isn’t what it was. A good show or movie doesn’t mean they haven’t ruined a premier franchise.

nobleshift ,
@nobleshift@lemmy.world avatar

I will never knowingly hand money to that corporation or their entities ever fucking again.

breakingcups ,

Good luck. They own a lot of stuff.

iAvicenna ,
@iAvicenna@lemmy.world avatar

I wonder how they concluded this “welp it was worth a try, good job team”

Tudsamfa ,

we’ve decided to waive our right to arbitration

That’s legalese for “We still think that we have that right, we will use it again”.

WanderingVentra ,

“Just when we have less heat on us and the news doesn’t have everyone so riled up and hating us.”

kent_eh ,

That’s legalese for “We still think that we have that right, we will use it again”.

Or for “we don’t want this to get invalidated in court - we need to save it so we can intimidate someone else in the future”.

SkunkWorkz ,

lol they still think they have the right to arbitration.

Toneswirly ,

“We’ve decided” lol. Keep telling yourselves that

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