ST. LOUIS (KMOX) - A wrongful death lawsuit against Disney made headlines over the last week after it emerged that the company tried to file for a dismissal of the lawsuit on the grounds the victim’s family had signed up for its streaming service Disney+.
The publicity of the motion to dismiss the lawsuit to a Disney+ subscription led to widespread backlash and Disney ultimately dropped it's bid on Tuesday to use the subscription to dismiss the lawsuit.
KMOX Legal Analyst Brad Young joined Total Information A.M. to discuss the lawsuit and says it would've made for a very interesting legal battle had it continued.
"I think there was a legitimate legal issue here about whether or not this would've even worked in court," said Young. "It's never been tested but it does raise a unique legal issue and that is can a binding arbitration agreement in one area that is completely separate and distinct from another area, can it binding?"
"Can a streaming channel service bind you in a situation where you are dining in a restaurant? Those issues have never been raised before."
Young thinks that ultimately, even if the motion to dismiss using the Disney+ subscription continued, it would be a tough position to sell in front of a judge.
"I think it would be a tough sell for Disney to take that argument and have that argument stick, but at this point, we won't know," said Young.