Professor Szalai Addresses Disney's Push to Arbitrate a Wrongful Death Lawsuit with Reuters
Disney's bid to arbitrate husband's wrongful death suit has a chance
"In that case, arbitration scholar Imre Stephen Szalai, a professor at Loyola University New Orleans College of Law, said via email, a customer sitting in the bank’s lobby in a chair that suddenly collapsed filed a personal injury lawsuit against the bank. The Beaumont-based court dismissed the case based on the arbitration clause found in the terms governing the customer’s bank account.
Other courts, however, take a "nexus" approach, Szalai said, and examine the extent to which the claim has a connection with the arbitration agreement. In the Disney case, a judge may find that “the purpose of the Disney Terms of Use was to govern online, intellectual property rights, but not a visit to the restaurant.”
“Disney does not have a ‘slam dunk,’ sure-win case,” he added.