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.
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.
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?"
”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”
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.
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.
or at the absolute bare fucking minimum be opt-in only, instead of "opt out by sending us a handwritten letter through snail mail within 45 minutes of this notice." the shit offers less than zero benefit to the consumer and basically lets corporations get away with murder
Opt in with customers isn't a thing. If you don't opt in, you don't get housing, or Internet, or phone service. The list goes on. Opt in is libertarian propaganda. No different than at will employment.
If nothing else, they should always be mutual. Have Disney take their copyright claims to arbitration rather than using the other legal channels available to them.
I'm just about to move to Quebec, which is based on the French Napoleonic code rather than English Common Law. I'm not an expert, but I understand that the French system does not rely on precedent in making judicial decisions, but everything has to be codified in the law.
Anyway, another one of the legal differences between Quebec and other provinces in Canada is that mandatory arbitration clauses are illegal.
The medical system may be imploding even faster than the rest of Canada, and my rights as an English speaker may be stripped from me by the time I move, but they do have some protections for individuals.
Yes agreed. It should be illegal to compel someone to give up their fucking rights (to their detriment and to the benefit of the person making them agree especially, especially when the person benefitting is an authority figure). This includes police encouraging the people they arrest to talk without a lawyer.
Pllllllllllleeeeeeaaassseeeee let this go to trial. I'm begging y'all. They weren't even active subscribers of Disney+, they only got the trial. But holy fuck either way, this is stupid. Arbitration agreements should be illegal.
It's the one where they are in the future, and have aliens, and a bunch of greedy people. It has a hero in it, that makes a stand for what is right, killing a bunch of aliens.
Event happened at raglan road Irish pub, when raglan road staff failed to do their job in regards to food allergens.
Diner dies from anaphylaxis due to ingested dairy and nuts, which they were ASSURED BY THE WAITER WAS NOT IN ANY OF THEIR FOOD.
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
The estate should file the claim. They wronged her, not the husband. By having the estate file suit, that would negate anything the husband may have done.
It would be a lot more beneficial to them to add an arbitration clause to all their movies. Watching the next avengers movie? You give up the rights to your first born.
It could be a difficult thing to prove who is at fault, and the burden of proof beyond a reasonable doubt that the staff at the restaurant were at fault individually.
Honestly, my brain went straight to, "Someone along that chain is one of those people who think allergy sufferers are just weak complainy people and faking it"
I'm not saying that one should be confined to home eating only what they personally curate. I am saying that this broad made it through medical school, did a residency, dealt with a healthy cross section of society at is dumbest. Who literally puts their life in the hands of a waiter, who has to them communicate to a cook, if there was one. Some doctors graduate with D's.
I’m not saying that one should be confined to home eating only what they personally curate, but I'm saying that one should be confined to home eating only what they personally curate. Also I'm sexist af.
Every article about this is so garbage. I've read like 10 different ones and I have no idea what she ate at all. One article said she had a nut and dairy allergy but I'm not even sure that's correct. I need to know what she ordered how Disney lists it on the menu and what the waiter was supposed to do with the dish. If her allergy is bad enough that she died it would need to be a really heavy dose of allergen which I assume she would be able to see?
It's in this article:
"The couple asked the waiter several more times to be absolutely sure the food would be allergen free before Tangsuan ordered a fritter, scallops and onion rings, the lawsuit said."
That's the nitty gritty of the lawsuit, but these articles are all about how Disney is trying to get the lawsuit thrown out completely not about the lawsuit itself.