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Cake day: July 2nd, 2023

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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.



  • Not everything is all or nothing. It’s not that you either are completely liable or not liable at all. That’s not how this works. If you are not liable at all, you should move to dismiss. The way this case was designed, based on the allegations, Disney does bear responsibility. But the allegations only include Disney in the most tenuous of ways. So a motion to dismiss would NOT have worked. But IMO, they are not liable at all. This was a restaurant that leased Disney land that screwed up. I can’t see how Disney had anything to do with this at all.




  • They are going after the restaurant. The restaurant is whom they are suing. But they know they won’t get much from an allergy lawsuit settlement with an Irish Pub themed restaurant, so they included the deeper-pocket Disney in the suit (which IMO is a less than honorable act, but in a capitalist society I’m always going to give the benefit of the doubt to the person, also you never know if the legal system is going to choose you to fuck with so I dually recognize the spaghetti-at-the-wall approach to damage remuneration).

    Even with that said though, since the guy who decided to risk a life-threatening condition on whether a likely not much more than minimum wage employee could or would know if a thing was allergen free decided to rely on a technicality of civil litigation to get more money, then I can’t fault Disney for using a technicality to try to get out of it.

    Fuck Disney in general, but kudos to Disney for taking this on the chin just to not make someone even a perceived victim of their greed. I think it’s honestly respectable. They’re still probably not going to be at fault were it to go to trial, but they’re going to settle and give this guy the obvious payday he wanted.

    Good breakdown by LE





  • I’ve never understood this mentality. I just took orders and delivered them. All of my drivers would lose their shit about which orders were tipping what, so I’d just grab the contentious ones and get them done. I can’t tell you how many of those turned into some of my best customers and also some of my wildest experiences. Also, a few people that were expecting to be treated like shit for not pre-tipping would then call in to thank my manager for my service and attitude despite it, I remember one was a single mother who looked, traumatized, when she opened the door. We were allowed to comp a certain number of orders a night so I did that for her and she just started crying. I never forget that one. So not worrying about it literally paid for itself with several raises and a promotion. Sure, there were dickbags who would stiff you but it all came out in the end. So, my advice is to just do your job and it will work out. If people see that they can rely on you to get it done right every time then they are far more likely to tip better on the next one, so just treat every delivery as one you’ll be tipped for later. If you’re not getting paid, then get a different job. ,

    I did get a few unconventional tips too. One guy would just give me a beer and then the option to drink it real quick with him (stupid, I know, but I don’t drink anymore and luckily I never killed anyone). There was a group of Canadian travelers that would give me an entire case when they came through. And also an entire bag packed tight with very potent weed, in exchange for my delivery bag. I have no idea why they wanted it so bad, but while considering it they gave me a shot of something and then they flashed me. I wasn’t actually considering what to do. I was already really stoned at the time and was struggling to get the words out that I would accept. But the unexpected tits sobered me up instantly and I handed the bag over. My buddy realized that I was trashed when I got in that night so he put me on dishes for cover. When it was discovered, I blamed the missing bag on a dickweed that had recently been fired and they asked no more questions. An older guy gave me a pirate Lego set, it was a little island with a palm tree and a treasure chest. And a delivery that was technically outside our area but missed by the computer turned out to be a ring holding and famously nicknamed NFL player. His driveway was a very long previously unmaintained road that had once intersected a road in our service area. But that was blocked off and access was from the other side of an enormous housing development of mansions. Never knew that was a thing. There were a lot of pools. And lights. That’s all I remember though.


  • You’re not wrong, but I have a hard time believing that someone capable of this sort of nuanced perspective wouldn’t already have seen enough evidence long ago for why a TicTac is better suited for POTUS than Trump.

    Try to remember that the DNC is just a different brand of capitalism. So, sure, the posturing is expected and a requirement to keep DNC Party Voters in line. But I don’t think the disenfranchised Bernie Bros and independent never trumpers really give a shit which skin suit of propriety the DNC is tucking for at any particular time. They can fuck themselves less than Trump, but not by much.