Will Disney+ Keep Disney Out of Court...Forever? (HH 8-15-24)
In this episode, Richard Hoeg discusses the legal intricacies of Disney's attempts to use a Disney+ arbitration clause against a wrongful death complaint on Disney property. Hang-out topics include Disney+ subscribers and duck characters.
Key Points
- The aggressive legal tactics employed by Disney in attempting to enforce arbitration for a wrongful death claim through a Disney Plus trial subscription have raised significant PR concerns and public backlash.
- The argument that a Disney Plus subscription agreement should apply to unrelated incidents, such as a wrongful death at a restaurant in Disney Springs, is seen as both legally tenuous and ethically questionable.
- Ultimately, the case highlights the importance of understanding the scope and applicability of arbitration clauses in consumer agreements and the potential for such clauses to be viewed as unconscionable by the courts.
THE HEADLINES https://nypost.com/2024/02/26/media/nyu-doctor-dies-after-eating-dinner-at-disney-restaurant-lawsuit/ https://nypost.com/2024/08/13/us-news/disney-wants-allergy-death-suit-tossed-because-of-disney-subscription/
HEADLINES (WITH COURT DOCUMENTS) https://longisland.news12.com/disney-asks-court-to-dismiss-wrongful-death-lawsuit-of-long-island-doctor
ANALYSIS https://www.law.uh.edu/faculty/adjunct/dstevenson/2018Spring/CANONS%20OF%20CONSTRUCTION.pdf https://www.amazon.com/Scalia-Garners-Reading-Law-Interpretation-ebook/dp/B008MFO6YG https://www.disneyplus.com/legal/subscriber-agreement
Chapters
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Transcript
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