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
This just has all the hallmarks of absurdist fuckery from the last 20 years.
Money is political speech
Your employer’s religious freedom trumps yours
Self defence was added to the second amendment in crayon
The evisceration of the Voting Rights Act
Prosecutors may enjoy immunity from lying in court
Standing doesn’t actually matter
Presidents may enjoy immunity for anything they do
(Anywhere it’s a may instead of shall, we all know it’s conservatives being protected. It doesn’t apply to democratic prosecutors and presidents)
So coming soon, eternal and universal Terms of Service. Which won’t become a dark phrase at all. Our employers will offer us everything from housing to food and we’ll accept it to keep from having to sign TOS with Kroger’s, a slum lord, Ford, Microsoft, and Netflix.