jcb
always emerging from hibernation
- Joined
- Apr 28, 2007
So, the DAS Access lawsuits continue along in California federal court. The history of the litigation is complex and I'm a little surprised some are still pending in California, so I'll refer you to past posts and articles (at the end of this post).
Two claims are set for trial later this year and Disney recently filed a motion for summary judgment asking the court to dismiss the claims before the trial.
The family suing in one case claims not only was the child emotionally harmed from being forced to us DAS but that the parents were as well. An astute Disney lawyer (probably an associate) noticed the watch the Father wore to his deposition, leading Disney to comment in it brief that:
http://blog.wdwinfo.com/2014/07/13/disney-responds-to-disability-access-service-lawsuit/
http://blog.wdwinfo.com/2014/09/16/disney-opposes-inflammatory-amended-complaint-in-das-lawsuit/
http://blog.wdwinfo.com/2015/11/02/disney-asks-court-to-dismiss-autismdas-lawsuit/
http://www.wdwinfo.com/news-stories/federal-court-rules-for-disney-in-lead-dasautism-lawsuit/
https://www.disboards.com/threads/t...ss-service-lawsuit-update-on-florida.3548111/
The later discussing why there are multi-jurisdictional lawsuits on the subject.
Two claims are set for trial later this year and Disney recently filed a motion for summary judgment asking the court to dismiss the claims before the trial.
The family suing in one case claims not only was the child emotionally harmed from being forced to us DAS but that the parents were as well. An astute Disney lawyer (probably an associate) noticed the watch the Father wore to his deposition, leading Disney to comment in it brief that:
Similarly, the evidence shows that B.P.E., P.F.E.’s father, has not suffered any emotional distress, let alone any severe emotional distress caused by Disney. B.P.E. has not received treatment for emotional distress since DAS began, he wore a Mickey Mouse watch to his deposition, and is planning a trip to Shanghai Disney by himself. Id. ¶ 19.
Lawsuits aren't typically won or lost on observations such as these but they are often helpful things to point out to the judge or jury as you never really know what might resonate with a decision maker.
http://blog.wdwinfo.com/2014/07/13/disney-responds-to-disability-access-service-lawsuit/
http://blog.wdwinfo.com/2014/09/16/disney-opposes-inflammatory-amended-complaint-in-das-lawsuit/
http://blog.wdwinfo.com/2015/11/02/disney-asks-court-to-dismiss-autismdas-lawsuit/
http://www.wdwinfo.com/news-stories/federal-court-rules-for-disney-in-lead-dasautism-lawsuit/
https://www.disboards.com/threads/t...ss-service-lawsuit-update-on-florida.3548111/
The later discussing why there are multi-jurisdictional lawsuits on the subject.