Disney wrongful-death lawsuit: Difference between revisions

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In May 2024, Disney attempted to have the case dismissed from court and sent to [[Forced Arbitration|arbitration]], citing two separate [[End-user license agreement|user agreements]]:

#The Disney+ user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his PlayStation

#The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his PlayStation

#Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023

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==Procedural timeline==

Disney had initially participated in discovery and filed an answer to the complaint without raising arbitration as a defense. Only later did the company attempt to use the [[~~End-User License Agreement|~~End-user license agreement]] (EULA) to avoid litigation. As noted in its second response, in August: "WDPR has waived its alleged right to seek arbitration by filing its Answer without raising arbitration as an affirmative defense and by serving two separate Requests for Copies under Rule 1.351(e)."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 3</ref>

Disney had initially participated in discovery and filed an answer to the complaint without raising arbitration as a defense. Only later did the company attempt to use the [[End-user license agreement]] (EULA) to avoid litigation. As noted in its second response, in August: "WDPR has waived its alleged right to seek arbitration by filing its Answer without raising arbitration as an affirmative defense and by serving two separate Requests for Copies under Rule 1.351(e)."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 3</ref>

==Key legal issues around consumer rights==

@@ Line 9: / Line 9: @@
 In May 2024, Disney attempted to have the case dismissed from court and sent to [[Forced Arbitration|arbitration]], citing two separate [[End-user license agreement|user agreements]]:
-#The Disney+ user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his PlayStation
+#The [[Disney+]] user agreement Piccolo accepted in 2019 when signing up for a free trial to Disney's streaming service on his PlayStation
 #Terms accepted when purchasing (ultimately unused) Epcot tickets through the My Disney Experience app in September 2023
@@ Line 28: / Line 28: @@
 ==Procedural timeline==
-Disney had initially participated in discovery and filed an answer to the complaint without raising arbitration as a defense. Only later did the company attempt to use the [[End-User License Agreement|End-user license agreement]] (EULA) to avoid litigation. As noted in its second response, in August: "WDPR has waived its alleged right to seek arbitration by filing its Answer without raising arbitration as an affirmative defense and by serving two separate Requests for Copies under Rule 1.351(e)."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 3</ref>
+Disney had initially participated in discovery and filed an answer to the complaint without raising arbitration as a defense. Only later did the company attempt to use the [[End-user license agreement]] (EULA) to avoid litigation. As noted in its second response, in August: "WDPR has waived its alleged right to seek arbitration by filing its Answer without raising arbitration as an affirmative defense and by serving two separate Requests for Copies under Rule 1.351(e)."<ref>Plaintiff's Response in Opposition to Disney's Motion to Compel Arbitration, p. 3</ref>
 ==Key legal issues around consumer rights==