Arbitrary

File under: Apparently, all publicity is good publicity.

In October of last year, Dr. Kanokporn Tangsuan and members of her family ate at the Raglan Road Irish Pub, which is part of the Disney World resort. Because Dr. Tangsuan was allergic to both dairy and nuts, she and her husband attempted several times to ensure that her dishes would not include those ingredients, and were supposedly assured that they wouldn't. Well, they did, and Dr. Tangsuan died from “anaphylaxis due to elevated levels of dairy and nut in her system.” Her husband, Jeffrey Piccolo, is suing Disney Parks and Resorts for wrongful death, and is seeking other damages.

The Walt Disney Company is requesting that the case be dismissed, claiming that Mr. Piccolo is bound by the arbitration clauses he agreed to when signing up for a free Disney+ subscription, which was subsequently allowed to lapse, and using a Disney-owned website to buy Epcot tickets earlier in 2023. Accordingly, his suit is in violation of his agreement with the company.

This strikes me as a high-risk strategy, namely because it runs the risk of inviting legislation to curb, or even end, the arbitration clauses, given that this case is already in the news, and big corporations are popular with neither Democratic nor Republican voters at this point in time. Both parties may want to deny the other a legislative victory, but their constituents may be willing to look past their own partisanship in the name of sticking it to Big Business. Disney looking to have the case stayed and sent to forced arbitration is also a bad look for them because it hints at the fact that they suspect that they couldn't win in court. Despite the fact that the arbiters are allegedly neutral third parties, everyone understands who selects and pays them.

Either way this comes out, however, it's unlikely that Mr. Piccolo will see a resolution soon. If Disney loses the case, they will certainly appeal, seeking to have the verdict overturned. Although they may decide that cutting a substantial check to Mr. Piccolo is their best option.

In the end, this may be the first bell to toll for the practice of forced arbitration. There's nothing really in it for the public at large (despite what corporate public relations people might say), and if it engenders the sort of sloppiness/negligence that's being alleged in this case, some enterprising politician is going to see the benefit of leading a parade of torches and pitchforks to go after it.