Disney’s bid to arbitrate husband’s wrongful death suit has a chance

UNITED KINGDOM: While Disney might not be winning any public relations awards with its push to move a wrongful death lawsuit brought by a widower in Florida out of the courts and into arbitration, lawyers for the entertainment giant are not without precedent in arguing the attempt is warranted.

Disney lawyers from White & Case say a lawsuit by the husband of a woman who died last year from an allergic reaction after eating at a restaurant in the Disney Springs shopping complex belongs in arbitration because he signed up for a trial of streaming service Disney+ in 2019.

In doing so, the defence asserts, Jeffrey Piccolo agreed to terms of use that include binding arbitration of “all disputes” involving The Walt Disney Company or its affiliates – never mind that a personal injury claim stemming from allergen-tainted food has little connection to, say, watching a Marvel movie on your television.

Many social media users on X have reacted with outrage, calling Disney’s motion to compel arbitration “ridiculous” “abhorrent” and “unbelievable,” among other choice insults.But that doesn’t mean it won’t succeed.

Experts tell me the suit may hinge on how broadly the judge interprets the arbitration agreement. A Disney spokesperson in a statement said, “We are deeply saddened by the family’s loss and understand their grief.” The spokesperson also said the restaurant where the woman, who was severely allergic to nuts and dairy, dined “is neither owned nor operated by Disney.”