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AdvertisementLarge companies like Disney and Uber have arbitration clauses in their Terms of Use. AdvertisementIt's a near-century-old practice that some legal experts say should be modernized for the digital age. The Disney caseIn the case of large companies, arbitration clauses included in one service can often apply to any service the company offers. AdvertisementHow consumers protect themselves from arbitration clausesCammarata said one way consumers can navigate arbitration is to check if a company's terms of use has an opt-out clause. Lee said that while courts tend to be critical of arbitration clauses in employment agreements, they're less so regarding things like streaming services or rideshare apps.
Persons: David Horton, Jeffrey Piccolo's, Kanokporn Tangsuan, Tangsuan, Piccolo, Disney, Josh D'Amaro, Joseph Cammarata, Sherman, Siegel, P.C, John, Georgia McGinty, Uber, Stark, John McGinty, Georgia McGinty Stacey Lee, Johns, Lee, Cammarata, it's, John Carpenter, Carpenter, Zuckerman Organizations: Disney, University of California, Davis, School of Law, University of Pennsylvania, New, New York State, Disney Springs, Planet Hollywood, Walt Disney, Getty, Ninth, Business, Washington DC, of, Georgia, Johns Hopkins Carey Business School, Association of America, Federal Locations: New York, Central Florida, Orange County , Florida, Chaikin, Washington, Georgia, Superior, of New Jersey, California
New York CNN —A married New Jersey couple that was in a severe accident during an Uber ride can’t sue the company because they and their daughter agreed to arbitration when they accepted the terms of service for a separate Uber Eats order, a court has ruled. Georgia sustained several fractures throughout her body, including cervical, lumbar, spine and rib fractures and other physical injuries that required surgeries and other procedures. They tried taking Uber to court for a jury trial, but an appellate court recently ruled they can’t because they previously agreed to Uber’s updated terms and conditions requiring arbitration, which are the same in the Uber Eats and Uber ride app. The McGinty’s attorneys told CNN they’re reviewing the decision and will “likely” petition the New Jersey Supreme Court. Anger over arbitrationIt’s the latest case that highlights the intricacies of the terms of services having binding arbitration agreements that users agree to with many companies.
Persons: New York CNN —, John McGinty, Georgia McGinty, , John, Uber, ’ ” Uber, Georgia McGinty “, ’ ”, McGintys, they’re “, we’ve, ” Uber, Jeffrey Piccolo, Kanokporn Tangsuan, Disney, Piccolo, ” Josh D’Amaro Organizations: New, New York CNN, CNN, Uber, New Jersey Supreme, Disney, Locations: New York, New Jersey, Georgia
Read previewEarlier this month, Disney walked itself into a PR nightmare. Jeffrey J. Piccolo named the entertainment giant in a wrongful-death lawsuit in February after his wife, Kanokporn Tangsuan, died at a restaurant in Disney Springs in Florida. Disney backtracksOne X user called the Disney+ argument "very dystopian," while others encouraged people to cancel their subscriptions in retaliation. AdvertisementRepresentatives for Disney issued a statement about the wrongful-death lawsuit. Legal proceedings for the lawsuit are still ongoing, but Triana said Disney has the opportunity to mend its public image now through transparency.
Persons: , Disney, Jeffrey J, Piccolo, Kanokporn Tangsuan, Tangsuan, Joe Burbank, David Triana, I'm, Triana, I've, Josh D'Amaro, we've, Natela, Shenon, it's, They're, they've Organizations: Service, Business, Hollywood, Disney, Pubs, Inc, Disney Springs, Walt Disney, Media, Associated Press, Orlando Sentinel, Tribune, Getty, Axia Public Relations, Washington Post Locations: Disney Springs, Florida, New York, Pubs Florida, Raglan, California
Kanokporn Tangsuan, a 42-year-old doctor in New York, died in October 2023 from anaphylaxis after eating at a restaurant at Disney Springs at Walt Disney World in Orlando, according to the lawsuit. Walt Disney World's Disney Springs is home to a number of shops, restaurants, and attractions. This includes "any related disputes involving The Walt Disney Company, its subsidiaries, or its affiliates," the terms say. Piccolo agreed to the terms again when he logged into his Disney account to book tickets for Walt Disney World's Epcot park, Disney said. "Whether Piccolo actually reviewed the Disney Terms is also immaterial," the company's lawyers wrote.
Persons: , Disney, Kanokporn, Walt Disney, Jeffrey Greenberg, Jeffrey Piccolo, Piccolo, Walt, Kanokporn Tangsuan, Josh D'Amaro, we've Organizations: Service, Disney, Disney Springs, Walt Disney, Business, Getty, Irish Pubs, Walt Disney Company, CNN Locations: Florida, New York, Orlando, Raglan, Irish Pubs Florida, Kanokporn
New York CNN —A man suing Walt Disney Parks and Resorts for the wrongful death of his wife is facing a new legal hurdle: Disney is trying to get it dismissed and sent to arbitration — because he signed up for Disney+ years earlier. Company lawyers also claim that because Piccolo used the Walt Disney Parks’ website to buy Epcot Center tickets, Disney is shielded from a lawsuit from the estate of Piccolo’s deceased wife, Kanokporn Tangsuan, who died of a reaction to severe food allergies. In October 2023, Kanokporn Tangsuan, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs, which is part of the Walt Disney World resort in Florida. Signing up for Disney+ should shield the company from court trials, Disney said. Gabby Jones/Bloomberg/Getty Images/FileThe waiter guaranteed the couple that certain foods could be made allergen-free, which the two confirmed “several more times,” according to the lawsuit.
Persons: Jeffrey Piccolo, Piccolo, Piccolo’s, Kanokporn Tangsuan, Brian Denney, , ” Denney, Disney didn’t, Gabby Jones, Tangsuan, , , Maruf, Maria Sole Campinoti Organizations: New, New York CNN, Walt Disney Parks and Resorts, Disney, Company, Walt Disney Parks, Epcot, ” Walt Disney Parks, Walt Disney, Bloomberg, Getty Locations: New York, Disney Springs, Florida
A doctor died from an allergic reaction after eating at a Disney World restaurant, a lawsuit says. AdvertisementA New York doctor with a severe dairy and nut allergy died from anaphylaxis after eating at a restaurant at Walt Disney World in Orlando, according to a lawsuit. The complaint says that Tangsuan, a family doctor in New York, died on October 5 after eating at the restaurant in Disney Springs — a shopping and dining complex at the Walt Disney World Resort. According to the suit, Tangsuan, Piccolo, and Piccolo's mother dined at the restaurant because they believed it would have "proper safeguards" to protect Tangsuan from allergens. The lawsuit alleges negligence by the restaurant and Walt Disney Parks and Resorts, which controls the restaurants in Disney Springs.
Persons: , Kanokporn, Jeffrey J, Piccolo, Tangsuan Organizations: Disney, Service, Walt Disney, Walt Disney Parks and Resorts, Walt Disney World, Walt Disney Parks, Resorts Locations: York, Orlando, Florida, Raglan, New York, Disney Springs
New York CNN —A man is suing Walt Disney Parks and Resorts and Raglan Road Irish Pub & Restaurant after his wife, a New York-based doctor, died suddenly shortly after eating at the restaurant. The 19-page lawsuit alleges the wait staff was negligent toward his wife’s severe food allergies. According to the lawsuit, Kanokporn Tangsuan, her husband Jeffrey Piccolo and Piccolo’s mother dined at Raglan Road Irish Pub in Disney Springs — which is part of the Walt Disney World resort — in October 2023. Some of the food delivered lacked allergen-free flags, but the waiter again guaranteed the food was allergen free, the lawsuit alleged. The lawsuit also alleges negligence by Disney Parks and Resorts, since it has control over the restaurants and policies at Disney Springs.
Persons: Kanokporn Tangsuan, Jeffrey Piccolo, Piccolo’s, Tangsuan, Tangsuan “, , Brian Denney, Piccolo, Amy, Jeff, ” Denney, “ Jeff, ” Tangsuan Organizations: New, New York CNN, Walt Disney Parks and Resorts, Walt Disney, Disney, Planet Hollywood, CNN, NYU Langone, US, Disney Parks and Resorts, Disney Springs Locations: New York, Raglan, Disney Springs, Orange County , Florida
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