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 402 points 2 months 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 151 points 2 months ago (2 children)

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

[–] KevonLooney@lemm.ee 32 points 2 months 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 56 points 2 months 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 18 points 2 months ago

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

[–] some_guy@lemmy.sdf.org 4 points 2 months ago

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

[–] BossDj@lemm.ee 10 points 2 months ago

But this is happening in post-precedent America

[–] newthrowaway20@lemmy.world 72 points 2 months ago

Maybe we can finally claw these arbitration powers back?

[–] iamericandre@lemmy.world 66 points 2 months ago (1 children)
[–] QuantumSparkles@sh.itjust.works 79 points 2 months 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 15 points 2 months ago* (last edited 2 months ago) (1 children)

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

[–] QuantumSparkles@sh.itjust.works 11 points 2 months 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 14 points 2 months ago
[–] mke@lemmy.world 49 points 2 months ago (1 children)

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

[–] BossDj@lemm.ee 8 points 2 months ago

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

[–] foggy@lemmy.world 30 points 2 months 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 27 points 2 months ago (1 children)

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

[–] Maggoty@lemmy.world 19 points 2 months 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 4 points 2 months 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 2 months ago

this is actual parody dystopian movie level crazy wtf

[–] Adderbox76@lemmy.ca 11 points 2 months ago

All corporate lawyers are scum.

[–] nifty@lemmy.world 0 points 2 months 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.