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😊 Well, you might think so, but if that were true then their legal team would have to be unimaginably inept. Even small companies rely on arbitration clauses. A company the size of Disney probably has boilerplate arbitration clauses prolifically spread throughout any agreement they make. I don’t imagine there’s anything their legal team says more often when they are named in a suit than, “can we arbitrate?”
So, yes they were relying on a remote technicality to get out of the suit, but that’s also the only reason they were named in the suit. I don’t blame them. And they know they wouldn’t be found liable. But they also know that people only remember “the mcdonalds hot coffee lawsuit” being about some unintelligent gold digging woman (which BTW is a travesty). So the settlement that they will likely offer is going to be worth far less than the damage from the bad rep of a trial like this.
How could Last of Us get any scarier? Make all the infected also the corrupted machines from Horizon Zero Dawn. Awesome.