Disney‘s (NYSE: DIS) attempt to force arbitration in a wrongful death lawsuit based on a streaming service agreement is drawing sharp criticism for its audacious legal maneuvering.
The entertainment giant is arguing that Jeffrey Piccolo, whose wife Kanokporn Tangsuan died after an allergic reaction at a Disney Springs restaurant, should be barred from suing in court because he signed up for Disney+ in 2019, and also because he used the “My Disney Experience” app to buy theme park tickets. The company claims in its motion these agreements cover any disputes with Disney affiliates, including the current lawsuit.
Piccolo’s attorneys have lambasted Disney’s motion as “preposterous” and “outrageously unreasonable,” highlighting the absurdity of using a streaming service agreement to shield the company from liability in a completely unrelated fatal incident.
The lawsuit, filed in Orange County, Florida, seeks over $50,000 in damages under Florida’s wrongful death act. It alleges that Tangsuan, a 42-year-old physician at NYU Langone, suffered a fatal anaphylactic reaction after dining at Raglan Road Irish Pub and Restaurant, despite informing staff of her nut and dairy allergies.
Disney’s motion, filed on May 31, 2024, requests the court to compel arbitration for all claims against the company and stay the lawsuit pending arbitration. The company argues that the arbitration agreements are valid and enforceable under the Federal Arbitration Act.
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