The most magical place on Earth has now de-evolved to the most odious place on Earth. What more can Disney do to watch its global brand sink into the vast reaches of the Florida Everglades?
Not only has their product taken a knock, with its re-boots and destruction of the Star Wars and Marvel franchises it purchased (Deadpool and Wolverine excepted), but now they’ve set a new standard with the Dumbest Lawyers on Earth.
In case you missed it, a woman died last Fall at Disney Springs in Florida of an allergic peanut reaction after eating at one of their restaurants. Her family’s estate, not surprisingly sued. But what came next is not only one of the most ridiculous legal maneuvers I’ve seen in my legal career but also – concurrently – one of the most wrongheaded PR disasters Disney has ever engaged in – and with its recent history, that’s saying something.
In May, Disney’s crack legal team responded to the suit by arguing—follow me here—that because she had once signed up for a Disney Plus streaming free trial membership and because she purchased park tickets with that account, the lawsuit could not go to court. Instead, Disney argued that the dispute had to be resolved through mandatory arbitration. Huh??
After an understandable national backlash, Disney, finally last week abandoned this, for lack of a better term — strategy —- and issued a statement that read in part,
“At Disney, we strive to put humanity above all other considerations. 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. As such, we’ve decided to waive our right to arbitration and have the matter proceed in court.”
Wow.
Good lawyers can make any argument. Great lawyers know which are the best to make, but elite lawyers representing large companies look beyond the arguments and understand there may be reasoning that works in front of a judge but the optics may not fly in the court of public opinion.
I have no idea why this company seems to be dedicated to ruining the positive image it has built since the 1960s. Issues like these are self-inflicted, and if any company is overdue for an intervention, it’s Disney.