We've seen some pretty questionable, and downright vile legal tactics. On one hand, we get it: that's what lawyers are paid to do. On the other hand, sometimes common sense and basic human decency should win out.
This is a case where the latter applies.
Disney is arguing that the arbitration clause of the TOS the decedent agreed to when signing up for a Disney+ free trial covers a wrongful death claim relating to food served at a Disney restaurant…
— Rob Freund (@RobertFreundLaw) August 14, 2024
Good luck with that. pic.twitter.com/wqvnsnvZ7A
Talk about grasping at straws.
According to Google, Disney+ has 153 million subscribers worldwide. To say they now have no standing to sue for something that happens at at Disney restaurant or theme park is really something.
Here's more details from The New York Post:
Disney is trying to get a wrongful death lawsuit filed by a New York University doctor’s grieving husband tossed — because he signed up for the Disney+ streaming service years earlier, court papers said.
Kanokporn Tangsuan’s bereaved widower, Jeffrey Piccolo, is suing the theme park juggernaut, claiming that she suffered a fatal allergic reaction shortly after eating at a Disney Springs restaurant in Florida last October.
But Disney is claiming the $50,000 suit should be moved out of the courts because Piccolo agreed to arbitrate all disputes with the company when he first signed up for a one-month trial of the Disney+ streaming service back in 2019, court documents charge.
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Tangsuan told waitstaff at a Disney restaurant she had nut and dairy allergies, and became ill shortly after eating. Despite the administration of an epi-pen, Tangsuan died at the hospital.
Attorneys for the plaintiff shot back:
In his response to Disney's motion, the plaintiff says Disney's argument "borders on the surreal" pic.twitter.com/Ams458714v
— Rob Freund (@RobertFreundLaw) August 14, 2024
It does border on the surreal.
Disney is represented by some VERY good lawyers and not their usual personal injury defense lawyers.
— Matt Sarelson, Esq. - Attorney & Advisor (@MSarelson) August 14, 2024
I **suspect** this is an attempt to test the limit of the DisneyPlus arbitration agreement and that these lawyers will not be defending Disney on the merits.
This writer has degrees in English and Nursing, and even she knows this.
I want to meet these lawyers that are so depraved they somehow think of things like this to argue and do it with a straight face.
— Ashley Fillingger (@fillingger) August 14, 2024
Right? We'd love to see who they really are.
Makes sense, whenever I sign up for a video streaming app I always accept the risks associated with all of their offerings.
— JeffThrow (@jeffthrowcards) August 14, 2024
That's what Disney is arguing. And the more we think about it, the more insane it sounds.
Sometimes I wish that the legal system had a way to harshly punish bulls**t like this. Like "oh, you're actually making that argument? Okay you're all disbarred and I'm awarding the plaintiff $500m in damages" but good thing there isn't because it would be abused.
— mhQBWiDQV5kZ (@mhQBWiDQV5kZ) August 14, 2024
Wouldn't that be nice, sometimes?
Some next level bundling by Disney+
— KrimKram (@honeybadgerx100) August 14, 2024
And here we thought Disney+ just came with Hulu.
Wouldn't the claim be owned by the decedent, succeeded by an estate, who the widow is representing?
— ✧ M'aya マヤ｜海外ナイト ✧ (@rolanberrypie) August 14, 2024
Arbitration would then be based on whether the doctor agreed to it, because the clause would apply to the benefit or detriment of the parties who agreed to it.
Yep.
As the OP notes:
That's exactly the point the plaintiff makes in the opposition: pic.twitter.com/lEFrU0kFiU
— Rob Freund (@RobertFreundLaw) August 14, 2024
Good.
That’s amazing:
— Fossil Locator (@FossilLocator) August 14, 2024
Doctor dies from anaphylaxis due to allergens at Disney restaurant after being assured it’s allergen free
Widow sues
Disney responds: you signed up for the Disney+ free trial and therefore agreed to our terms of service that says you can’t sue us https://t.co/9oXdvlMND7
Really amazing.
I looked up chutzpah in the dictionary... https://t.co/90xuhB7ZLD
— Yore Friend Whig 🇮🇱 (@WhigJust) August 14, 2024
And there was a picture of Disney's legal team.
Any judge I know would sanction me if I made such an argument https://t.co/JRkP4KtMsV
— Cardinal Curmudgeon (@Gimblin) August 14, 2024
Rightly so.
Used car salespeople unjustly get the worst rap :) https://t.co/RoEoCnSWhM
— Mohannad Aama (@mohannadaama) August 14, 2024
They pale in comparison to Disney's lawyers.
Man, Disney lawyers must be graduating from the same schools they’ve been getting their movie writers from as of late. https://t.co/5ynw6bGA38 pic.twitter.com/SGsE6Shhsx
— Russell Michaels, Momotaros (@TGBED8v8) August 14, 2024
OUCH.
We'll keep an eye on this one to see how the judge rules and how the lawsuit proceeds.
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