Disney tried to force the case into arbitration by citing the agreement on the widower’s Disney Plus trial account.

Disney has now agreed that a wrongful death lawsuit should be decided in court following backlash for initially arguing the case belonged in arbitration because the grieving widower had once signed up for a Disney Plus trial.

“With such unique circumstances as the ones in this case, we believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss,” chairman of Disney experiences Josh D’Amaro said in a statement to The Verge. “As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”

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    63 months ago

    I use their exact same language of “by continuing to allow access to the system, you agree to the terms.”

    I am not a lawyer but the way I see it, there is no downside.

    • if it’s accepted by a court, then I win
    • if it’s not accepted, then the language itself is now influx, opening the door for me or others to use the ruling to continue to chip away at forced arbitration and I’m no worse off than just accepting their terms