Key Takeaways:
– Disney backs down from pursuing arbitration in a wrongful death lawsuit.
– The company attracted criticism after linking an arbitration clause to Disney Plus subscription and ticket purchases.
– Despite a PR statement indicating willingness to settle in court, Disney fans remain skeptical.
Disney Resorts to Court Settlement Instead of Arbitration
Disney has decided to take the wrongful death lawsuit filed by Jeffrey Piccolo to court rather than relying on arbitration, despite an earlier objection based on an arbitration clause. This turn of events received a wave of backlash from Disney fans and subscribers, as it was seen as a questionable attempt by Disney to take refuge behind legal nuances.
Legal Arguments and Backlash
Disney’s legal team initially linked the case to a Disney Plus subscription and theme park ticket purchases made by the victim, Kanokporn Tangsuan. They suggested that these agreements contained an arbitration clause, providing a possible escape route from court. The attempt sparked outrage among fans who assailed the company’s approach.
In response to the criticism, Disney issued a statement to assure fans that it was stepping away from the arbitration angle and would settle the lawsuit in court. However, the sentiment among fans was largely skeptical with many questioning the motivation behind the decision, as reflected in social media posts.
Contrary to the company’s initial stance, Disney claimed it only acted as a landlord for the restaurant linked to the victim’s death. Emphasizing this, the company had sought to dismiss the case initially.
Legal Opinions on Disney’s Arbitration Argument
While the arbitration issue sparked uproar, a Harvard Law professor opined that Disney’s argument around arbitration might not have had much ground in court to begin with. The professor noted that Disney’s vague contractual language could lead the court to dismiss the arbitration clause. The clause could have been deemed unconscionable or against public policy if it was proven to cover the wrongful death claim.
Moreover, according to legal principles, courts generally rule against the defendant – in this case, Disney – in the presence of ambiguous contract terms.
Public Opinion and Disney’s Retreat
Despite Disney’s retreat from arbitration and agreement to let the court decide the lawsuit’s merit, fans remain unconvinced. Their skepticism was reflected in a series of tweets that followed Disney’s announcement.
Many fans felt the decision to waive arbitration was more of a reaction to public backlash rather than a genuine stance from the company. As per a Twitter user, Disney was attempting to use arbitration to prolong the process and increase the costs for the widower, detracting from the wrongful death charges.
What Lies Ahead?
This latest development leaves the event on a cliffhanger. Will the court agree with Disney’s previous arbitration argument, or rule against it for ambiguous terminology? Meanwhile, Disney’s actions have left its fanbase divided, with the backlash casting a shadow on the company’s reputation. The next steps taken by Disney and the court’s decision will be critical for this case, setting a precedent for future incidents and shaping public perception about the entertainment conglomerate.
