Companies that have arbitration agreements should never be allowed to select the arbitrator: It is a crystal clear conflict of interest, regardless of the outcome.
@TimoRutanen
22 күн бұрын
Arbitrators should be like minor courts, overseen by the actual justice system and society in general.
@capcloud652
22 күн бұрын
100%
@seancollins9745
22 күн бұрын
Arbitration is unconstitutional, it deprives the plaintiff of their rights.
@playmusic8056
21 күн бұрын
@@seancollins9745you can waive your rights at any time... That's why cops always ask to search your car before they have warrants or probable cause.
@Carl-Gunderson
6 күн бұрын
They technically can't. Forced Arbitraction can't be relied on in a legal arguement when the only option to continue the service is forcefully forced.
@pseudosam2458
22 күн бұрын
Disney realized it was going to be a lot worse for them if they had waited for the court to rule that "terms and conditions" aren't valid contracts and are completely unenforceable.
@Yaivenov
22 күн бұрын
This is the most likely reason. They foresaw huge future losses if they let the judge rule against them.
@Absaalookemensch
22 күн бұрын
This is already getting them a million in free bad publicity. If they continued to deny it, they'd face significant reductions in customers. Disney already has lost of bad publicity, declining attendance, movie sales and profits.
@catnvol
22 күн бұрын
@@Absaalookemensch If Disney cared about bad publicity they would be doing a LOT differently. They simply don't care and consider everyone not in sync with them as deplorable fools. This is an issue that someone finally realized that if this went to trial the punative award was likely to make the actual award look like pocket change.
@TexasSpectre
22 күн бұрын
@@Absaalookemensch That's what happens when your value DEI in your legal department over competence. Suddenly your legal department becomes a massive liability of its own.
@CobaltLobster
22 күн бұрын
@@TexasSpectre Oh shut up about DEI. You act like anyone cares what you think about it.
@MonkeyMind69
22 күн бұрын
2:30 Disney _"We strive to put humanity above all other considerations"_ ...A cattle rancher might say he puts his cattle above all other considerations, but that doesn't mean the outcome is going to be good for the cattle.
@ZboeC5
22 күн бұрын
*livestock
@FantomMisfit
22 күн бұрын
It's not even true though. Just a bold faced lie their actions prove that.
@gorilladisco9108
22 күн бұрын
Their casualties rate is lower than the wilderness, though ¯\_(ツ)_/¯
@Tom_Losh
22 күн бұрын
Disney has as much care and concern for humanity as KFC does for its chickens ...
@a_lethe_ion
22 күн бұрын
For cattle raised for beef its 100% lol.everyone dies someday but those animals die faster
@rojorum2433
22 күн бұрын
I was hoping they would stand their gound and then precedent would be set against forced arbitration making it illegal. If only we were in that timeline.
@monkemode8128
22 күн бұрын
Yup. Personally I was hoping it would reign in what companies are able to stuff into their TOS.
@arithmetech
22 күн бұрын
This is likely why they dropped the strategy.
@TheRealScooterGuy
22 күн бұрын
I'm glad they dropped it. Things could have gone their way, opening up a huge Pandera's box for everyone.
@yesitschelle
22 күн бұрын
A lot of companies rely on the fact that individuals can't afford years of attorney fees. If the opponent runs out of money, the company wins.
@pierrechildress8875
22 күн бұрын
Yup. Disney probably got a thousand emails from other companies begging them not to take forced arbitration into court.
@dennislink7957
22 күн бұрын
This is like American Airlines blaming the 9 year old girl for the airline crewman that put a camera in the bathroom, that she should have expected that kind of behavior! They couldn’t backtrack fast enough when the press got a hold of the story
@mylifewithmarmalade4624
22 күн бұрын
Exactly. That’s also one of the absolute dumbest things that has ever come out of an attorney’s mouth. I just feel bad for the poor PR folks. You can just imagine them going “So explain to me how you thought blaming the victim was going to help resolve anything with this mess?!”
@CZpersi
21 күн бұрын
@@mylifewithmarmalade4624 How are you going to defend the dumb actions of your client? Cases like these put attorneys into ethically complex situations and it depends on the quality of the lawyer, how he handles this situation.The more reasonable ones would ask their client to accept some out-of-court settlement. The sociopathic ones will go to the court and blame the victim without hesitation.
@mylifewithmarmalade4624
20 күн бұрын
@@CZpersi I would remember that my job is to protect my client’s interests and that defending against the suit at all costs may not be the best way to do that.
@Relkond
22 күн бұрын
'A sensitive approach...' Are they saying their absurd demand for arbitration was their 'standard approach'? What other lawsuits have they pulled this with?
@smalltime0
22 күн бұрын
All the times they sent Agent 47 on copyright infringement cases. They have to bring Copyright infringement cases to court as plaintiff, lawsuits where they are the defendant for 'murder' can go to private arbitration.
@yesitschelle
22 күн бұрын
They're notorious for their legal strong-arm.
@Space_Parrot
22 күн бұрын
3rd party arbitration is a clause in almost every digital TOS you've ever signed or agreed to
@flipper184
22 күн бұрын
All the poor grieving ones, catch them while they are weeping.
@smalltime0
22 күн бұрын
@@Space_Parrot That's usually only enforceable in the scope of use of that service. Not for anything that you potentially might bring against the company in the future, which is what Disney was claiming.
@arvidjedlicka6237
22 күн бұрын
In a statement sent to CNN on Monday, Josh D’Amaro, the chairman of Disney Experiences, said the company was waiving its right to arbitration. What a magnanimous gesture. To waive your right to something you very likely did not have in the first place. Score: Legal Staff - F; PR Staff in charge of Obfuscation BS - A
@agypsychild
22 күн бұрын
"PR Staff In Charge of Obfuscation BS" LOL I will find a way to use this.
@user-rz6tn4kx4c
22 күн бұрын
Disney Experience... like the one this guy's wife had?
@JelMain
22 күн бұрын
They haven't abandoned the precedent. The Louse is still out to get you folks.
@flipper184
22 күн бұрын
Thanks for posting.
@user-oy4qp9pq6i
22 күн бұрын
I am allergic to crab. I reacted to fried shrimp that was cooked in the same oil as crab cakes.
@HariSeldon913
22 күн бұрын
If I were arbitrator, I would make all Disney places that serve food prominently display a sign saying, "Food may contain allergens no matter what staff or other signs may say."
@GeorgeWashingtonLaserMusket
22 күн бұрын
That's silly and confusing, just force them to not be allowed to sale food anymore. It'll cost them a FORTUNE.
@Tathanic
22 күн бұрын
If i was the insurance agency..
@LoneTiger
22 күн бұрын
"Our food may or may not actually contain food in it"
@Zemohc
22 күн бұрын
All food may come with periodic advertising interruptions.
@danstarr9895
22 күн бұрын
If I had life threatening food allergies, nobody but me would prepare my food.
@Slightlylyons1
22 күн бұрын
If I ran a law firm I'd have a non-lawyer who's job would be to listen to the lawyers explain their case and tell them if it's going to make their client look like a dick.
@wallywest2360
21 күн бұрын
LoL. You could replace them with a parrot trained to say nothing but "You're a dick" and get similar results.
@playmusic8056
21 күн бұрын
It wouldn't work unless you changed the team out every couple weeks. They'll get desensitized fairly quickly by all the ridiculous things they were checking.
@HopeisAnger
21 күн бұрын
@@playmusic8056Your right, but it's worse then that. E The more people are exposed to the law the more people to think lawyers actually make sense. Only someone ignorant of the law would be able to represent the average American's opinion of the law. This is especially true of contract law, where people hate contract law until they understand how to use it for their own benefit, then they love it. If you rotated every American thru, eventually, we'd all think the people who signed the contract were ignorant idiots who got what ignorant idiots deserve. I mean, it's there in black and white typed lettering. Why didn't you read it? Oh God, they got me...
@Stuck-n-da-90s
22 күн бұрын
I wonder if they saw a lot of people cancel their Disney+ subscriptions.
@rhondanighman
22 күн бұрын
Bingo !!!
@JP_Names
22 күн бұрын
Probably made a lot of people not wanna go to the parks. Who wants to go to Disneyland if you can't be compensated for being injured over a streaming subscription?
@charlesw6199
22 күн бұрын
@daewooparts Well they only have 5 subscribers or so left so spotting those that are leaving must be a pretty easy job lol.
@h.db.9684
22 күн бұрын
This guy didn’t even pay for the subscription. It was a free trial that he used, but then didn’t actually move forward with paying for the service.
@kirkmorrison6131
22 күн бұрын
I did when they went woke.
@ulyssesilliad7657
22 күн бұрын
I saw some speculation that Disney's actions were to prevent a Judge potentially curtailing the arbitration clause's scope or ruling that it is unenforcable.
@doommmmmmm
22 күн бұрын
this is the only reason why they would back off bs arbitration.
@bikkiikun
22 күн бұрын
That is exactly the main reason, along with potential unfavourable legislation.
@CZpersi
21 күн бұрын
Of course! They know that such a case would create a huge legal precedent that would invalidate their forced arbitration. By pulling back, they can leave the forced arbitration in place and still use it to threaten victims in cases that are less lucky and do not have the same degree of media exposure.
@christopherg2347
22 күн бұрын
This was like the "she should have noticed the hidden camera" argument raised by that Airline. Except there the lawyer firm got fired.
@tayzonday
22 күн бұрын
Disney was suffering more than $10 million in bad publicity or whatever settling the suit would cost.
@jagtan13
22 күн бұрын
They just keep coming out with more and more outrageous situations. Its incredible.
@mcduvall2000
22 күн бұрын
No! They don't strive for humanity. They strive to not pay money unless they get caught and could lose even more!!!
@FantomMisfit
22 күн бұрын
They should be fined for telling such a bold faced lie alone. Not even trying to be believable
@flipper184
22 күн бұрын
The old underground comics had it right.
@DaveB-hg7el
22 күн бұрын
Disney is no different than every other multinational company, just maybe more visible. 😢
@jerrebrasfield4231
22 күн бұрын
In my view Disney didn't want a judgment saying they couldn't force arbitration, which would have happened on such a public case.
@marvinmallette6795
22 күн бұрын
I don't want to hear from Lehto that it would be a hard decision for a judge to rule on at 6 minutes in! Two options: 1. Arbitration is not valid, and the Judge rules on it. 2. Arbitration is binding in one isolated EULA for all interactions with the company. In option 2, it is a societal necessity that no further business be done with the company. Zero profits, 100% boycott. "Double-Jeopardy" means the end of the business. Steamboat Willie is in the public domain, option 2 means it is time for everything else under the Disney umbrella to enter the public domain. If the presiding Judge doesn't get it right, then society needs to. Absolute position, see #1. The worst option for Disney should be forcing arbitration and winning.
@olgringo-421
22 күн бұрын
You can damn well bet that Disney would NOT have reversed their stand if it were not for the adverse publicity. Not the media? how the heck did the folks who were outraged found out in the first place?
@zroysum
22 күн бұрын
literally not a chance in hell
@jimmyrussl7112
22 күн бұрын
I have only seen KZitem personalities talk about this nothing in the media
@Hootersnoocher
22 күн бұрын
I still refuse to deal with any Disney properties or services.
@froggy0165
22 күн бұрын
@@jimmyrussl7112, ap, ny times, yahoo, bbc, tons of newstations have covered it
@rogermitchell6272
22 күн бұрын
I hope Harley Davidson gets rid of the new German CEO
@jfan4reva
22 күн бұрын
Glad to see they reduced their demands from idiotic and silly to just idiotic. When I heard about this, it reminded me of the Netflix episode of 'Black Mirror' called "Joan is awful", where a streaming company broadcasts fictitious accounts of real people, based on their super quantum computer's prediction of what they will do. 'Joans' life is completely ruined -- reputation, job, social life. When she tries to sue, she discovers that the Streaming company has litigation-proof legal protection that was written into the Terms of Use, much like Disney was claiming here. I guess Disney relented because they didn't want to end up with a "Micky is awful" situation.
@fivefootten
22 күн бұрын
Damn good point. Total forgot about that episode.
@edg8535
22 күн бұрын
If I or a member of my family had a significant allergy to food, I would not rely on an advertisement of any restaurant. Remember, you are not only relying on them but their suppliers. Also, remember, the suppliers are dependent on the food supply chain.
@CainXVII
21 күн бұрын
Yes sure. But if you ever want to go on vacation in your life you might not be able to make all of your own food for that time, and take a bet on a place that advertises itself as being able to handle this properly.
@valarianne2284
22 күн бұрын
I grew up watching Disney every Sunday night with my cousins - a memory we were just talking about last week. We loved Disney, thought Walt was possibly the greatest guy in the world and probably should be president! We watched The Mickey Mouse Club, loved all things Mickey Mouse and dreamed that somehow, some day we would get to go to Disneyland. Which was a pretty big dream for a kid from NJ - California was clear across the country. In light of what they have done to Dr. Who - I have many friends in the UK who absolutely HATE Disney for daring to mess with The Doctor - and this absurd case Disney is going down. Walt is spinning in his grave and the greed is so egregious I can't see them winning back the public trust. Truly an incredibly sad ending for what was once a highly respected company for "children of all ages". They couldn't have handled this worse if they planned it. What a shame. 😢
@neccron9956
22 күн бұрын
Disney is following the 1974 movie, Phantom of the Paradise, contracts clause: "All Articles Which Are Excluded Shall Be Deemed Included".
@eworks9828
22 күн бұрын
Thing is they DON'T learn the lesson. it just goes underground but continues on.
@patricksanders858
22 күн бұрын
I've been a corporate chef and allergens were a topmost concern. No tree nuts, no peanut, EVERY INGREDIENT WAS CALLED OUT THREE TIMES.
@thomasdewire9838
22 күн бұрын
Steve, The restaurant at Disney Springs is Ragland Road, an Irish restaurant, and it is not even a Disney-owned restaurant, so I guess the Plaintiff attorney is trying to drag them in under agency liability. I live in the Orlando region.
@elvendragonhammer5433
22 күн бұрын
Just so you know, technically Disney couldn't use the Arbitration clause at all- Louis Rossman looked into this & used the Wayback Machine to lookup the EULA on Disney's website that the guy signed- on the date he bought the tickets, & according to that agreement, not only was there no Arbitration clause stated within, but it expressly stated that the one he signed for the park tickets supercedes any & all other agreements; which includes the one for the Disney+ subscription & because that agreement did not have the clause they cannot use it as a defense anyway. Apparently it's not common for lawyers to use that tool even though they should be. Disney has of course now updated the website for the ticket purchases so now you are also signing an Arbitration clause if you visit the park.
@CrankyBeach
22 күн бұрын
I used to work for a cancer center. I was working with the widow of a tragically deceased patient to compile the records to support her claim for a cancer insurance policy her husband had purchased. In a telephone conversation with a not-at-all-sympathetic rep at the insurance company, she said, it's not about the money, I would far rather have my husband back. So would we, said the rep, and then dropped the bomb. "Because he would still be paying us insurance premiums." "Flabbergasted" doesn't begin to describe my reaction to that, or the doctor I worked for. (I don't know how the situation turned out; I assume the widow was able to collect what was due her.)
@FantomMisfit
22 күн бұрын
Would you have preferred bs platitudes and empty words? I am of the unpopular opinion if you can't say something and be sincere than you shouldn't say it at all.
@paulsaulpaul
22 күн бұрын
This also happened with the airline that blamed the child for being recorded in the airplane toilet. The company fired the firm that put forth that defense.
@AprilJMoon
22 күн бұрын
The lesson here is NEVER to agree to any contract with Disney. And if buying a ticket or paying entry to anything Disney has on the ticket that you agree to all their terms and conditions.. .. demand your money back immediately. The same goes for any other company/business.
@brucejamesj
22 күн бұрын
Arbitration shouldn't be allowed in the case of personal injury or death. Period! One should not be allowed to sign away their rights like that, nor should corporations think they can get away with it.
@TeaTephiTrumpet777
Күн бұрын
100%
@jeremyc6054
22 күн бұрын
I'm thinking that this is more of a case of Disney being afraid of an adverse judgment creating a precedent which leads to them not being able to use this defense anymore. So they'll forfeit this battle and keep that weapon in their back pocket for future (arguably less egregious and almost certainly less publicly known) cases.
@grassCrow
22 күн бұрын
As an attorney. I never advocate for arbitration to be in a Contract.
@scanmead
22 күн бұрын
It would be nice if testing a free trial or buying a ticket to a theme park were not binding contracts. But, you know, here we are.
@Senthiuz
22 күн бұрын
If it's an actual contract between two equal partners, where everyone knows what they're getting into, arbitration is fine. Mandatory arbitration stuffed into whatever terms of service are reprehensible end runs around the protection of individual rights.
@grassCrow
22 күн бұрын
@@Senthiuz regardless, i steer my clients away from arbitration ... arbitration is likes by companies that want to get away with screwing the other side . imho ..
@DaveB-hg7el
22 күн бұрын
@@grassCrowBut can you keep arbitration out of a contract in general? If a company insists on it is there any alternative? Just curious, thanks, peace 💚
@grassCrow
22 күн бұрын
@@DaveB-hg7el not an adhesion contract. But when you can negotuate i always take it out first my client.
@BCNeil
22 күн бұрын
SO has it been confirmed, this allergen free restaurant, regularly serves dishes with nuts?
@trumaneugene3769
22 күн бұрын
You’re correct Steve; Disney Springs is a fancy strip mall and any of the pulpit can access it without a Disney ticket.
@Yumi_Jay
22 күн бұрын
My family goes to Disney Springs a lot when in Florida to get Disney or other type of merchandise when not at the parks. It's free to enter.
@ChrisD4335
22 күн бұрын
its foolish to not just give him whatever he wants at this point why take him to court? Why would an allergen free restaurant even have nuts in the building?
@critterfritter69
22 күн бұрын
Please follow up on whether Disney is revising its language, or just waiving this one case to avoid precedent. No one should sign up for any Disney offerings until their arbitration language is at least limited and prominently brought to customers' attention instead of leaving it in the fine print.
@FantomMisfit
22 күн бұрын
You know they aren't gonna do that they only did it now because of bad publicity and the possibility that there would be an unfavorable ruling on forced arbitration.
@fivefootten
22 күн бұрын
If anything, Disney will change the clause to cover any interactions that anyone could possibly have with Disney. They are just that scummy.
@ronadams3107
22 күн бұрын
Living in FL. I can attest that they're no friend to consumers down here. If Disney didn't drop that defense, I can see our Supreme Court ruling that if they tell you there's no nuts, you should expect nuts. Why? Because they're NUTS.
@derf_the_mule1405
22 күн бұрын
The way Florida Constitution is written should prevent thus type of abuse of arbitration and mediation. Some judges will dismiss the arbitration language in contracts (and Law) without question. Some judges will lambast the plaintiff for seeking redress without the contract required arbitration or mediation.
@mattryan7124
22 күн бұрын
On a side note. I ate at this exact restaurant with my wife on our honeymoon back in 2007. She is allergic (anaphylactic reaction) to chocolate. So we asked to ensure it wasn’t present. The restaurant had no problem fulfilling our request, and we were made fully aware. I’m wondering what has changed since then. Granted as others have mentioned even back then Disney does not run the place.
@defresurrection
22 күн бұрын
I was thinking of the Puffer Fish as well. They tell you upfront if the fish is not processed correctly, it could kill you. You agree to accept the risk.
@kg-Whatthehelliseventhat
22 күн бұрын
Fugu? Mmmm good stuff. My fisherman brings me some every Tuesday.
@ColdNapalm42
22 күн бұрын
Yes. But if the chef preparing the fish was drunk when preparing the dish, the waiver means NOTHING. That becomes negligence and yeah you are liable.
@defresurrection
22 күн бұрын
@@ColdNapalm42 Agreed!
@dbackscott
22 күн бұрын
I’ve eaten at that restaurant a few times. It’s in Disney Springs, which does not require purchase of a ticket to enter.
@jerryodell1168
22 күн бұрын
If a company is going to use fine print to get out of their responsibilities or even threaten to do it shows there is a great reason to NOT to do business with that company. Visit the the Sea shore, a Zoo, National and/or State parks, Deserts, Natural sites, local events, or small local fairs and parks. Having a fun picnic with the Family can be a great memory. A cool evening walk in the back yard is also a plus.
@bobgroves5777
22 күн бұрын
Congratulations, Steve! You have successfully packaged the public outrage.
@extesht9643
22 күн бұрын
I quit a job and reported the owner when I caught him sticking his hand in raw shrimp, throwing it in a pan, then sticking his hand in the raw onions to throw some in the pan. Even if it weren't for the chance of food poisoning, he was going to kill someone with shellfish allergy if they have something with those onions. It was a Mexican food place. Everything had onions.
@diablominero
22 күн бұрын
If you have really serious food allergies, to the point than an epipen might not work, it might be a good idea to carry a primatene mist inhaler too. Primatene mist is also epinephrine, and adding more epinephrine will have more effect. It wouldn't be very safe, mind you, but if your epipen doesn't work you're kinda screwed and might as well try things.
@mattryan7124
22 күн бұрын
How does a third party restaurant at what is basically an outdoor strip mall make Disney liable for the actions of the third party company’s employees?
@jeraldbottcher1588
22 күн бұрын
I go with the fact that the purchase of the tickets to go to Disney World as a separate transaction from the purchase of the food. As such the terms from the purchase of the food had nothing to do with the purchase of the tickets. The menu said the food was allergen free. They should be held to the statement on the menu
@jonathanmgoodman
22 күн бұрын
Part of me wanted them to keep the motion in place so it can be “tested” in the courts and hopefully struck down do to it’s absurdity; thereby, setting a precedent for similar situations. If for some reason it gets upheld by the courts, the public outrage will be so great that legislators and regulatory agencies will make such clauses unenforceable in the same way they just struck down non-compete clauses. Since the motion was retracted, there is no precedent and it can be brought up by another company with similar contract clauses. Essentially the can has been kicked down the road concerning the legality of such clauses. On the upside, the husband who lost his wife will get a jury trial, though that doesn’t mean the jurry will give him more compensation than an arbitrator.
@scottrellwi
22 күн бұрын
If this was a restaurant in Disney Springs, then they indeed could have walked in without a ticket. Free admission.
@redneckcoder
22 күн бұрын
Even if we can't ban all force arbitration clauses - I think it would be much easier to get an exclusion for personal injury and wrongful death claims cannot be forced to arbitration. I should add I am fine with a forced arbitration clause in a bi-laterally negotiated contract where both parties have actual opportunity to influence the content of the contract. Terms of use, warranties, etc. are not typically negotiable by one of the parties.
@godividarr
22 күн бұрын
The courts anywhere I can think of would have the ability to toss (or otherwise ignore) such a clause as being unenforceable. Personal injury liability is almost impossible to avoid.
@redneckcoder
22 күн бұрын
@@godividarr except that's what they were trying to do in this case. So they must believe its possible to enforce it somewhere. I'd personally like to see forced arbitration only be permissible in a bi-lateral negotiated contracts, but not permissible in any "terms of service" or other non-negotiable contract.
@SakuraNyan
22 күн бұрын
4:50 The seventh amendment is why I'm of the opinion that binding arbitration clauses are unconstitutional. (They're definitely unconscionable.)
@erich6860
22 күн бұрын
LOL, Someone in the CEO club must of finally been made aware of what the legal department was up too. Hilarious.
@amsterstorm
22 күн бұрын
I don't think it would matter if the restaurant is inside or outside the park because purchasing food would be a separate contract. The contract between the restaurant and the victim was for food that wasn't included in admission.
@SeanBZA
22 күн бұрын
however the restaurant is in a Disney owned property, has D providing direction as to meals and presentation, and has to conform to the opening hours provided by D. They also have to conform to the D cast and performers rules.
@mattryan7124
22 күн бұрын
@@SeanBZAthat may be true within the parks themselves and the hotels, though the restaurants are still run by third-party operators. But it may not be the case at Disney Springs.
@0LoneTech
22 күн бұрын
@@SeanBZA That's between Disney and Disney. I don't see why that should affect the trade of selling food at all.
@MaxPower-11
22 күн бұрын
@@SeanBZA This restaurant is independently owned and operated and is located in the Disney Springs mall which is outside of Disney World. This mall is publicly accessible like any other mall in Orlando. If you read Disney’s response to the complaint you’ll see that Disney is the mall’s landlord and they claim they have no involvement with the management or operation of the restaurant nor the development of the menus or hiring or training or management of staff. In their lease with the restaurant they also specifically disclaim any sort of agency relationship between themselves and the restaurant. The gist of their argument is that liability for their tenant’s action does not extend to them.
@keithalonso7225
22 күн бұрын
Wait…let’s back up. So, if I buy a ticket to Disney on the app and my wife dies during the visit due to allergic reaction to their food…..I am waiving my right to sue?
@sirsparc
22 күн бұрын
Springs is open to anyone at anytime with free parking
@OhRonaldo
22 күн бұрын
"WE'LL DO IT LIVE 🤬🤬🤬 WE'LL DO IT LIVE!". 🤣🤣 It never gets old
@ReimerKeith
22 күн бұрын
Prediction: they will end up settling a class action lawsuit, where the plaintiff's lawyers get money, the clients get discount coupons towards any Disney vacations that include a fifth Saturday of a month with a full moon, and the restaurant adds a disclaimer at the bottom of the back page of the menu.
@patrickjordan2233
22 күн бұрын
"written in sanskrit"...
@aleks_jones
22 күн бұрын
crazy to think he was only wanting 50k... im 99% sure they spent more on that moronic lawyer who came up with the most ridiculous defense of the year... corporate entities are disgusting
@SeanBZA
22 күн бұрын
@@patrickjordan2233 In one point font, using a script one shade darker than the background.
@emeryjl
22 күн бұрын
Prediction: Disney is dropped as a defendant since they neither own nor operate the restaurant. The restaurant settlement will offer no discounts to Disney since the restaurant owner has no interest in Disney.
@netdragon256
22 күн бұрын
There should be some minimum payout per individual in class action suits for the class otherwise people should still be able to individually. Sue
@Dj.MODÆO
22 күн бұрын
The lawyer that came up with and argued this defense should be disbarred.
@TheHiredGun187
22 күн бұрын
I was the kitchen manager for a Shoneys. Even before the government required signs about allergens in food, I had a Big Sign under the cash register in red letters with the universial sign for danger (everyone looks at the till on the way in) that said...if anyone in your party had allergies please inform your waitstaff. To me it sounds like the server failed to inform the kitchen. Disney FAILED...them trying to use TOS of other Disney properties to force the wiodwer into arbitration... makesDisney look like scumbags. That is the only reason they backed off. Even if they win the case against this family....their reputation is going to take a MAJOR hit if park goers see they are not protected in a Disny Park
@UnicornOfDepression
22 күн бұрын
Disney: "We're big enough that we can just ignore laws." Florida Court: "Yeah, no, you are not. Your defense is rejected." _If Disney doesn't have to follow federal & state food regulations, why should your local grocery store?_
@MrTrailerman2
22 күн бұрын
Disney believes they are a country of their own, and they do not have to follow US laws .
@iREALmedia
22 күн бұрын
You cannot bring your own lunch at the Disney park so therefore you rely on the company for your lunch.
@Terran.Marine.2
22 күн бұрын
That's evil and greedy.
@marypalmer1027
22 күн бұрын
Actually you can rent a locker. Bring a cooler with your lunch.
@TullyViewer
22 күн бұрын
Allergy safe goes way beyond cleaning. I know a family who had a child who was allergic to eggs. The child went away on a program for such children for 3 months and early in that period one of the pieces of kitchen ware that was kept egg free was used for a cake mix with egg in it. It was subsequently used and THOROUGHLY washed several times before the child returned home. The first time that item was used to prepare a meal for the child, his lips and tongue went numb within moments of the first taste and he immediately knew that something in the chain had been in contact with eggs. For very severe allergies, even the most minute trace can trigger reactions.
@geo8rge
22 күн бұрын
Can a lawyer be disbarred for presenting an idiotic and or silly defense before a court?
@OldMadScientist
22 күн бұрын
If they could be disbarred, we wouldn't have any lawyers.
@seanorourke534
22 күн бұрын
Idk, anything ever happen with the lawyers that claimed that a 5yr old or whatever should have known better than to do her business in front of a camera hiding in a bathroom? The airline dropped that law firm, but never heard anything about the actual lawyers.
@stevec3526
22 күн бұрын
No, because it happens all the time.
@Zandanga
21 күн бұрын
No. Arbitration must never be a legal path when prosecuting or adjudicating a DEATH. This is like going to Small Claims Court. This is a disgusting mockery of the death of a human being.
@FourthRoot
21 күн бұрын
They should not only drop that bid, they should fire every attorney who supported that argument.
@emdxemdx
22 күн бұрын
Probably one of the lawyers suddenly a flash of smartness that made him smarter than the others long enough to see how idiotic their claim was...
@erich6860
22 күн бұрын
I would bet that the CEOs did not know this was going on, and that the legal department was just doing what they do. Then when it became public and the CEOs started hearing about it through social media, or news, they shut that nonsense down. Disney has a multi-million dollar legal department that handles hundreds or even thousands of suits. So I doubt the CEOs are made aware of every case, regardless of what it was.
@LanceTechLair
22 күн бұрын
More importantly, they realized the potential for precedent to be set regarding click agreement TOS contracts.
@matthewrogers94mr
22 күн бұрын
I bet that lawer got fired.
@awesomeferret
22 күн бұрын
Nah, it probably was as simple as a communication disconnect between the legal department and the pr teams. The PR team probably had a lot of secret panic meetings as soon as they realized what the legal team did. The execs probably told the PR department not to follow their consciences and the PR department had a lot more evidence after the outrage started. Just a theory, but a very plausible one. I doubt this in the fault of the PR teams. They probably were in a panic the entire time.
@awesomeferret
22 күн бұрын
@@LanceTechLair you may be giving them way too much credit haha.
@jda79
21 күн бұрын
There's no reason there is even a lawsuit, they should have offered recompense without compulsion
@michaelmoorrees3585
22 күн бұрын
Some bean counter at Disney did the math, and discovered the idiotic arbitration defense would end up costing them more !
@sff1987
22 күн бұрын
It's so crazy I kinda think some legal assistant in the law firms office had AI do it.
@protocol6
22 күн бұрын
Doesn't a representative of the corporation have to at least be informed of the strategy the lawyer is taking beforehand?
@cherryjuice9946
22 күн бұрын
If so, maybe it was one of the new AI representatives. I think we have entered the age of profound corporate stupidity.
@nensondubois
22 күн бұрын
Honestly, the government should break up these giant corporations and enforce fair competition mandates.
@onlyicedcrybaby7297
22 күн бұрын
Commie
@SurferBobbyLew
22 күн бұрын
I assume that’s sarcasm. I’m a real capitalist and the only way that happens is via infinite number of small players.
@BDaltonYoung
22 күн бұрын
The government is WAY too busy creating monopolies to spend time breaking them up.
@CD-vb9fi
22 күн бұрын
@@SurferBobbyLew "I am a real capitalist" said no real capitalist ever. Disney is a "Public" company and by definition is socialist in both form and function. Had you been "a real capitalist" you would know that. You have been exposed as a socialist now.
@wags99999
22 күн бұрын
Punish success,? Really? You want no company bigger than what ? 1,000 employees? Insanity
@tyecad
21 күн бұрын
Someone I used to know was permanently disabled when riding the Matterhorn. His log ran into another log coming down the long slide at the end of the ride. Employees escorted him outside the gate and left him sitting on a sidewalk. They didn't even call him an ambulance. After years of legal battle a judge pulled him aside and advised him to give up because Disney will spend a hundred million dollars to fight a million dollar lawsuit. So I will never step foot in an amusement park again. Look on the back of your ticket and you will see that you have already assumed liability for anything that happens in the park.
@danharold3087
22 күн бұрын
This trend is part of a broader global rise in food allergies, particularly in industrialized nations. We need more scientific studies of food not influenced by the food industry. Suspects are not limited to highly processed foods, pollution, and dietary changes, in conjunction with the natural foods.
@grumble_one
22 күн бұрын
Arbitration is evil, pure and simple. Just like non-competes. Shouldn't exist and be sure to reject these things if you are able.
@0LoneTech
22 күн бұрын
Arbitration isn't; that's just agreeing on a deal without going to court. Unilaterally forced arbitration is; that's one party deciding to be their own law.
@DonMachado
22 күн бұрын
It would be ok if both parties agreed and the arbitrator was independent of either party, but Disney forcing arbitration using their hand-picked arbitrator is not.
@grumble_one
22 күн бұрын
@@0LoneTech yeah, and it's MOSTLY gives the shaft to the little guy
@daewooparts
22 күн бұрын
Time for Governor DeSantis to send health inspectors to every restaurant on Disney property in the state for doing this shady shit
@brianm.6271
22 күн бұрын
Wouldn’t be the most frivolous thing Ronnie the Rat has wasted taxpayer money on.
@jeteye97
22 күн бұрын
If you’re looking for food safety violations in Florida, there’s way worse and way more than Disney.
@rickeys
22 күн бұрын
Shouldn't this be part of every food safety inspection throughout the state? There's no way this crap is unique to Disney or its properties.
@toulousegoose1150
22 күн бұрын
@@rickeysYou're expecting safety regulations to be followed in Florida. This is a state that prohibits laws that mandate employers giving labor based workers water breaks.
@brianm.6271
22 күн бұрын
@@toulousegoose1150 That's communism according to our illustrious governor/failed presidential candidate.
@TransNeingerian
22 күн бұрын
Couldnt the other party (not Disney) demand arbitration? If I enter into a contract that says I agree to arbitration in a dispute, I cant say no to arbitration when I dispute anything - just like disney shouodnt be able to decline arbitration. They cant decline arbitration. This has to go to court. This cant be settled. Justice must be served.
@FadkinsDiet
22 күн бұрын
Arbitration means a private company selected by Disney has one of their employees listen to the evidence and decide, not a government run court.
@Curmudgeon2
22 күн бұрын
Had a friend allergic to onions and garlic...I Puerto Rico a restaurant told him "you cannot eat in our country" in Italy he ordered a pizza and they told him not to worry, they would put whatever he wanted on it and nothing more...he was OK except he forgot to tell them cheese.
@havenrail
22 күн бұрын
I agree with your viewer, if MY LIFE depended on it, would never eat food that i did not prepare.
@DBCuzitis
22 күн бұрын
I would think Disney’s best defence would be that they were merely the landlord for the restaurant. Isn’t the restaurant independent of Disney?
@dmitripogosian5084
22 күн бұрын
Yep, I guess what happened that Disney raised all possible defences in the deposition, where arbitration because of Disney+ was the longest shot, which they quickly dropped now.
@David_Mash
22 күн бұрын
what is the value of the consideration in the 1 month trial contract. lifetime arbitration is equal to 30 days of streaming?
@mahekorvenoges550
22 күн бұрын
_More than lifetime_ of arbitration.
@burkeiowa
22 күн бұрын
I'm just waiting for the Lionel Hutz defense from the Simpson's. I think it would play out like this: Boneless chicken? No, Less-bone chicken. Allergen-free meal? No, free-allergen meal. They are typos, just like when he had the ad that said: WORKS ON CONTINGENCY NO MONEY DOWN Which we are told by the character was an issue he had with someone involved with the advertising/printing, and should include the following three punctuation additions: WORKS ON CONTINGENCY? NO, MONEY DOWN!
@Terry-n4d
21 күн бұрын
Can I hold them liable for lying in federal court ??? I don’t know how they feel about people on a personal basses. But they don’t give the first flying F about Humanity. That’s provable.
@jbarker2160
22 күн бұрын
I was just ready for the list of corporations covered by every EULA to be longer than the actual terms.
@ImNoclue
22 күн бұрын
I think we need to file an Amicus Brief to prevent them from waiving their supposed right to arbitrate forcing them to litigate their claim that they have this right to arbitration. Their waiver sets a precedent that this right exists.
@TenMinuteTrips
22 күн бұрын
When I went to Disney World back in 1991, I bought my tickets through my local AAA office. Even with today’s apps and other nonsense, I would probably still go through my local AAA office for my vacation travel planning. AAA may have their own disclaimers to be held harmless for accountability from the negligence of their vendors and tour operators, but at least there would be some insulation from self-serving arbitration agreements hidden within terms of service agreements that everyone knows that absolutely no one reads.
@drbichat5229
22 күн бұрын
Food establishments should say we cannot predict what customers are allergic to, so eat at at your own risk
@v3ru586
22 күн бұрын
That's what I was told after finding out that food sold as "glutenfree" contained enough gluten to trigger my celiac If you sell food explicitly as free of some allergen, I'd expect it to be free of that allergen.
@Dayjob351
22 күн бұрын
Disney is just totally lost these days.
@ewenchan1239
21 күн бұрын
Disney lawyers are KNOWN NOT to be trifled with. Just look at Ron DeSantis' pissing match against Disney's lawyers. How's THAT going for him?
@lesliewood3616
22 күн бұрын
Greed and stupidity😢
@gregogrady8027
22 күн бұрын
They got caught in perhaps the most outrageous and absurd attempt to railroad a legal case most people have ever seen. Do you really think next time they have someone they can railroad into an absurd and abusive arbitration they are going to have any care whatsoever when the spotlight is not on them? Because if you do believe that than you deserve to be the person railroaded. We cancelled our Disney after this seeing this insanity from them and I think anyone who didn't deserves to be bent over and taken for everything they have.
@SakuraNyan
22 күн бұрын
Were I the judge, I would have referred Disney's lawyer(s) to the Bar for disciplinary action. I would *ALSO* have imposed sanctions on Disney, in the form of barring them from using binding arbitration clauses *at all* and requiring them to refund any moneys they received from a contract they wrote that included a binding arbitration clause. (In other words: Disney+ current and former subscribers would get a full refund for however long Disney had had that binding arbitration clause in their clickwrap agreement) for them even raising such a stupid defense.
@christineharris2302
22 күн бұрын
I was once going to put in an application for a job at Disney and when I read the Terms & Conditions, they had a clause stating that if I put in the application and was hired, they were allowed to use my photo without getting additional permission. I decided not to put in my application.
@horusfalcon
22 күн бұрын
Yeah... this wasn't some lack of fulfillment. It was about the unlawful death of a human being. The outcome of this case will be more than mildly interesting, at least in my view.
@Joe-lb8qn
22 күн бұрын
I have a friend who has serious but absolutely not life threatening allergies. "Just" very unpleasant consequences for a few days. She's stopped eating out except at places where she can bring her own food whilst others with her order and eat
@Reed-2big
22 күн бұрын
I don’t even know what allergen free even means!
@aarkwrite7240
21 күн бұрын
They waived their right to arbitration in this case. Meaning they’re going to try this again in the future.
@bobwatson8754
22 күн бұрын
Someone at Disney can recognize the Streisand Effect.
@jameshuguelet3394
21 күн бұрын
I grew up watching Disney on Sunday nights with my family. I found this defense outrageous. I hope everyone watching this joins me in refusing to give our money to any company like Disney. What Disney did here was reprehensible. Let Disney beg President Brandon for a Special Federal Bailout.
@MrFixItGa
22 күн бұрын
As a Constitutional Conservative, I don't really care for a society that is drowning in laws. That being said, I would wholeheartedly agree with a law preventing companies from forcing you to agree to mediation and/or preventing you from being able to sue them just to purchase and use their products or services. Maybe I'm missing something, but I'm ok with that until someone who is more intelligent than I changes my mind.
@BDaltonYoung
22 күн бұрын
It feels like an attitude of "Well...we know that the law already provides an established method to handle this exact situation, but we don't like that method because we have lots of resources and therefore deserve special laws that allow us to create our own rules (enforced by our own private oversight, of course) for handling this exact situation." It just feels like a rich entity buying special privileges under the law.
@FadkinsDiet
22 күн бұрын
So you are in favor of laws if they benefit you but not if they bind you. There's a name for that kind of double standard. News flash. When governments are limited to the extent you want, corporations will make their own laws and won't be answerable to anyone.
@BDaltonYoung
17 күн бұрын
@@FadkinsDiet News flash: corporations only get to "make laws" because they donate huge amounts of money and lobby the government, which has the capability to make special laws for them. Companies cannot and do not grow without bound unless and until the government helps them, and the vast majority of people in the government get their money from...huge corporations! What you want is some fair and impartial system that keeps corporate power in check, but you don't seem to realize that the government is the exact opposite of that; it is an extremely biased collection of people who only make the situation worse most of the time.
@HomesickforAlaska
22 күн бұрын
Disney's claim was absurd and it was also absurd to claim the restaurant was "allergen free". It it is extremely difficult to guarantee all of your sourced food was allergen free and that every food item you serve is allergen free if you also have ANY known allergy inducing foods such as dairy, nuts, seafood, etc.. also prepared in the same kitchen. The risk of accidental cross contamination is HUGE.
@CrankyBeach
22 күн бұрын
Some years ago a friend and I were rambling around in the San Diego Zoo Safari Park. She was violently allergic to dairy products. At the restaurant counter she asked which menu items were dairy-free. Her query resulted in the manager coming out with a thick binder, the pages of which showed in excruciating detail every known allergen in every menu item. My friend selected a dairy-free option, and she survived her visit to the Safari Park.
@zatoth13
21 күн бұрын
Any agreement or contract should be subject to the state statute of imitations when they try the “perpetuity” crap.
@SytheZN
22 күн бұрын
I wonder if their next argument will be that they didn't charge for the allergens 🙄
@cnex1
22 күн бұрын
The problem is that Disney has forgotten that the kids are not their customers; It’s the parents that are the real customers because they are the ones that make the financial decisions and any dissatisfaction they have that relates to their family unit will be met with disdain. When you market yourself as a great American family company, build theme parks that the U.S. government incorporates into it’s airspace regulation, provide media that cultivates and spans across generations, you better be very cognizant of the standards and perception of what has evolved your company into something that has taken a life of it’s own.
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