this post was submitted on 13 Aug 2024
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The lawsuit claims that Dr. Kanokporn Tangsuan suffered a fatal allergic reaction after eating at a Disney Springs restaurant despite repeatedly informing the waiter of her severe allergy.

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[–] gibmiser@lemmy.world 405 points 1 month ago (11 children)

"Disney is calling for the lawsuit to be dismissed because her husband signed up for a one-month trial of the Disney+ streaming service years prior.

The company says signing up for the trial requires users to arbitrate all disputes with the company."

Some lawyers truly are scum.

[–] some_guy@lemmy.sdf.org 153 points 1 month ago (2 children)

This could be a precedent-setting case. These fuckers better not get away with this.

[–] KevonLooney@lemm.ee 33 points 1 month ago (2 children)

So would this mean that Disney can no longer use their massive legal department to crush fair use of their IP? If someone signs up for Disney+, the arbitration agreement goes both ways.

I would think a competent judge would just ask the Disney lawyer that question. Like, "do you want to be out of a job?"

[–] billiam0202@lemmy.world 59 points 1 month ago (1 children)

No.

You and Disney agree to arbitrate all your claims. Disney still retains the right to fuck you over to the full extent of the legal system.

After all, corporations are people, and some people are more people than other people.

[–] Silentiea@lemmy.blahaj.zone 19 points 1 month ago

That's the best paraphrase of Animal Farm I've heard in a while.

[–] some_guy@lemmy.sdf.org 4 points 1 month ago

That's actually a pretty sharp observation. Weaponize it against them in return.

[–] BossDj@lemm.ee 10 points 1 month ago

But this is happening in post-precedent America

[–] newthrowaway20@lemmy.world 72 points 1 month ago

Maybe we can finally claw these arbitration powers back?

[–] iamericandre@lemmy.world 66 points 1 month ago (1 children)
[–] QuantumSparkles@sh.itjust.works 80 points 1 month ago (2 children)

Very much nottheonion material. Something like

”Disney Legal Team Argues that Agreeing to the Terms & Conditions of Their Streaming Platform Releases The Company of Any and All Potential Liability in Shellfish Poisonings”

[–] Zoomboingding@lemmy.world 16 points 1 month ago* (last edited 1 month ago) (1 children)

"Signing up for a free trial of Disney+ means they can kill you, legally."

[–] QuantumSparkles@sh.itjust.works 12 points 1 month ago

”Disney Legal Team Argues that Agreeing to the Terms & Conditions of Their Streaming Platform Releases The Company of Any and All Potential Liability in Political Assassination”

[–] iamericandre@lemmy.world 15 points 1 month ago
[–] mke@lemmy.world 50 points 1 month ago (1 children)

If a lawyer is scum, then so is the one paying them.

[–] BossDj@lemm.ee 8 points 1 month ago

"I don't care how you handle it, just handle it."

Some people/companies/etc. really take “you miss 100% of the shots you don’t take” too far.

[–] foggy@lemmy.world 32 points 1 month ago

I do hope whoever suggested that this is a legitimate cause to dismiss the case dies of an intestinal blockage caused by hemorrhoids. Just a thing I hope.

[–] scytale@lemm.ee 28 points 1 month ago (1 children)

Arguing over health/death via a technicality is one of the lowest of lows.

[–] Maggoty@lemmy.world 21 points 1 month ago (1 children)

This shouldn't even be a technicality here. If this goes through and a TOS is universally binding to your life then the court system just died. Also they can put other ridiculous things in there like you owe them the subscription money in perpetuity even if you decide to uninstall the app. They'll argue the consideration is there because you can re-install at any time.

[–] Glemek@lemmy.world 5 points 1 month ago

Just get your bullets inscribed with "by receiving this bullet you have agreed to our tos, by which all liability is to be decided by the shooter's dog, who does not like you." Then murder is legal.

[–] Voltage@sh.itjust.works 26 points 1 month ago

this is actual parody dystopian movie level crazy wtf

[–] Adderbox76@lemmy.ca 12 points 1 month ago

All corporate lawyers are scum.

[–] nifty@lemmy.world 0 points 1 month ago

Don’t blame lawyers, blame the lawmakers. Heck, people and/or civil society is responsible for petitioning to lawmakers for stronger protections. Absurd amounts of money/lobbying has perverted the process, which is why a lot of these entities need to be taxed of out their power to have lobbying money.