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.”
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.
"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."
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.
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.
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.
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.
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.
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
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
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.
The world where the government is for the corporations not the people.
We're getting very nearly there, with legal bribery and corporations being considered "people".
Sure the people might be outraged, but legally outage doesn't matter and the corporations have a huge power advantage over a single person.
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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