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.”

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[–] 282 points 2 years ago* (4 children)

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.”

Sounds to me like they just want to keep that umbrella waiver in the Disney+ agreement rather than have that, rightly, struck down in court. They are very much still working under the assumption that a subscriber clicking "I Agree" to watch The Mandalorian waives any right to trial against any business unit of Disney Corp for any reason.

Absolutely despicable.

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  • [–] 101 points 2 years ago (2 children)

    You agreed to Disneys TOS

    Assassins from Disney licking their fingers because they can legally kill you /j

    Its the dumbest death you can have in an amusement park, dying because the restaurant didnt labeled their allergies right and that the corporation tries to dismiss it because of an DIGITIAL contract that was made for a digital service.

    But this is the bs that you got by applying law so freely.

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  • [–] 40 points 2 years ago (1 child)

    An umbrella arbitration clause like this, if it were argued at court, surely would only be held up for cases related to Disney+. At least one would hope. Having such an agreement cover entirely separate arms of a company is ridiculous.

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  • [–] 59 points 2 years ago (3 children)

    Arbitration contracts, especially in click-through licenses, are always bullshit and should be universally thrown out.

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  • [–] 34 points 2 years ago* (1 child)

    Arbitration contracts especially in click-through licenses are always bullshit and should be universally thrown out.

    There should be no reason why a corporation ahould be able to avoid the justice system for any reason.

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  • [–] 14 points 2 years ago (1 child)

    I could see very specific cases where arbitration makes sense with a very well defined scope. "Parties agree that disputes over widget quality related to this agreement are to be adjudicated by the Widget Quality Counsel". The courts are not always the best arbiters for every dispute.

    However, what we have now is every corporation finding ways to slide arbitration clauses of global scope into every transaction. That is always bullshit.

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    [–] 225 points 2 years ago

    "We got caught by the public, and we want to keep this excuse possible in the future. So we're dropping it from now so the court doesn't set a legal precedent that will fuck us over."

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  • [–] 140 points 2 years ago (4 children)

    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.

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  • [–] 48 points 2 years ago (1 child)

    Yeah that's basically "slavery is okay if you sign a contract first". Should be self evidently wrong.

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  • [–] 18 points 2 years ago (5 children)

    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.

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    [–] 136 points 2 years ago (6 children)

    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.

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  • [–] 72 points 2 years ago (1 child)

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

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  • [–] 59 points 2 years ago (2 children)

    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.

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  • [–] 22 points 2 years ago

    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.

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  • [–] 8 points 2 years ago

    That made me so angry!

    When this story first came up, an Ars Technica commenter explained that the only thing to do in this scenario is to grieve with the widow, and that it was a ludicrous fight to have. It's pretty bad for Disney to pretend like they agree with that viewpoint after already putting the widow through more distress.

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    [–] 131 points 2 years ago (5 children)

    we decided to waive our right to arbitration

    Fuuuuck you with an umbrella. You didn't have that right, you just used that bullshit idea to save yourself from rightful consequences. You only stopped that idea after the massive backlash, as always. You don't get to act like the good guy uere., fuck you.

    I can't wait for Disney to go bankrupt and be split up in twenty normal entertainment companies

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    [–] 119 points 2 years ago (3 children)

    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".

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  • [–] 56 points 2 years ago

    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".

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  • [–] 87 points 2 years ago (1 child)

    "We've decided" lol. Keep telling yourselves that

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  • [–] 81 points 2 years ago (1 child)

    lol they still think they have the right to arbitration.

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  • [–] 18 points 2 years ago* (last edited 2 years ago)

    They could settle out of cout for an amount that they could earn back in under a week. Now they wanna go to court where they'll end up paying more. Get fucked Disney

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  • we’ve decided to waive our right

    "we are not wrong, fuck you"

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  • [–] 32 points 2 years ago (2 children)

    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.

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  • [–] 13 points 2 years ago (1 child)

    Most of the time, nobody notices.

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  • [–] 11 points 2 years ago (1 child)

    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.

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  • [–] 23 points 2 years ago (4 children)

    Boycott Disney, the high seas exist if you need to get your fix

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    [–] 19 points 2 years ago

    "unique circumstances" we got caught and too many people heard about it

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  • [–] 15 points 2 years ago
    [–] 13 points 2 years ago* (1 child)

    I don't advocate the high seas.

    But man, a TOS like this makes me glad I didn't watch Andor via Disney+. I certainly don't feel bad about it now.

    And to the Disney legalbot, I watched it via a friend, of course.

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    [–] 13 points 2 years ago

    Jesus, this story made me feel so fucking gross. So fucking disgusting what they were trying to do.

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  • [–] 12 points 2 years ago

    A disney SWAT team kicked down my door and scream-asked me at gunpoint if I'd seen the Mandalorian.

    I hear it's been happening a lot.

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  • [–] 12 points 2 years ago

    The guy lost his wife. Fuck Disney for trying this shit.

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  • [–] 11 points 2 years ago

    For a company that pushes so hard to have family friendly image, they had to pull this ridiculous stunt.

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  • [+] 10 points 2 years ago (6 children)
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    [–] 10 points 2 years ago (3 children)

    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.

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    [–] 9 points 2 years ago (3 children)

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

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    [–] 9 points 2 years ago

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

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