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Joined 1 year ago
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Cake day: July 2nd, 2023

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  • I don’t disagree, but I believe there was a communication barrier for her. I could be wrong and don’t remember right now, but I believe she did not know English.

    though I do think the waiver arguments underpinning that side of the case will wind up getting pressure tested in pretty short order.

    Possibly. Disney withdrew their motion after the PR hit them, and are likely negotiating a settlement. But other cases may change the way arbitration agreements and contract law are handled.

    ALSO

    I just walzed past your appreciation and I should have acknowledged it. I am neurodivergent and can be abrasive and I try to be relatable but sometimes miss the mark.

    And I work in an extremely remote location with thousands of employees and they are nearly all conservatives, which is fine. But the most insincere of them still thinks “Alex Jones was right” about some things. Everyone is a trumper. So there is a degree of rejection of reality and uninformed conjecture in everyone that I know. So being honest, truthful, and humble are so important to me. I hear all day every day about The LEFT™ . So I think it behooves people that conservatives would call leftist to make sure they are not spreading their own version of misinformation.



  • The reason why literally any motion to dismiss would have likely been successful on the merits is because the only way, literally the one and only way the plaintiff was able to include disney in the lawsuit is because disney owns the land that was leased to the completely separate and not-affiliated-in-any-way-to-disney Irish Pub restaurant. The plaintiff argued that because there were pictures of disney owned lands for lease on their site and some of those pictures showed current lessees, ie some included the Irish Pub restaurant, he argued that they were also liable.

    But if the connection to Disney was so remote and tenuous, why include them at all? Simple. Why sue a poorly managed restaurant that will likely collapse under the fairest fiduciary breeze leaving very little remuneration for you, when Disney’s pockets are vastly deeper? Now, again, fuck disney forever, so I could care less that someone tried to take a bite out of disney in an unscrupulous way. But if you’re going to do some shady shit to a corporation known for shady shit doings in an economy that encourages the most shady shit under a system that cultivates new ways of doing shit more shadily, then you have to expect them to fight less than fair.

    I don’t want to speak ill of the dead, so I’ll assume that the deceased had no idea what was happening and instead speak ill of the living - in this case, her complete, utter, totally useless fucking husband. A moron of the highest degree who took his anaphalactically compromised partner with a known and fatal sensitivity to nuts… TO AN IRISH FUCKING PUB RESTAURANT!!! After the restaurant had demonstrated multiple times that things were not in order, they continued to dine. Assuming that these things (none of these as of a week ago at least have been denied by the plaintiff) are true, I honestly think the guy should be investigated for manslaughter.

    So, you can understand why seeing people cry alligator tears over the poor innocent village idiot whose incompetence has now cost someone their life is pretty fucking sad to see. I mean, the constant and incessant misplaced vitriol toward Disney while they prepare to settle with a guy they owe nothing to is kind of making disney out to be the good guy - and that is the true travesty IMO.


  • I realize that there is no way for me to argue this without sounding like some sort of neck beard corporate shill; but if you truly believe that the Disney+ debacle was at a basic level - Evil corporation uses despicable loophole to leave innocent widower stuck with the consequences of corporate negligence - then you really don’t know anything about that case at all, and singing in harmony with the endless voices parroting the same misinformation is not something you should be proud of.

    Fuck Disney, all day, every day, forever. No doubt. But they tried to use a tactic that was EVERY BIT as disgusting as the one that roped them into the lawsuit to begin with. It is extraordinarily likely that Disney was going to be released from that suit but after the PR spin, they decided to throw the guy a bone just to save face. We don’t have to agree that Disney was somehow being magnanimous, but they chose to take one on the chin that apparently only they and Legal Eagle knew they would get out of.

    I don’t have a problem with people spitting at Disney, but at least do it for a truthful and reliable reason.


  • Fuck me. See? This is why I stay my ass out of the VFW. The last thing I need is a shared experience. 😂 We wear the same patch on our right shoulder battle.

    And you’re spot on. I think it was a hard thing to rationalize that we went there to help. I mean, “we” thought we were helping. I still don’t know. Either way, you deserve self-empathy friend. Also ketamine. It helped me a lot! 😄

    Good on you for making it through the last two decades too! I would gander that we have all gone through some degree of self destruction, and I know some more than others. Keep your chin up and your head down. Don’t drink and drive and if you swim take a buddy.


  • Yeah, that’s the part that keeps me up at night - the knowing or not of the unknown dead. I know that not everyone that dies from war dies neatly and at the war. And I know that we were only able to account for a body if it was present and discernable. So I don’t know if the estimates are correct or not. But I’m in therapy either way. Mental health is stupid.


  • Think yourself: Could Hamas really have the capability of producing reliable statistics about the gaza population after month of being bombarded?

    Was in OIF. Got mortared, ied’d, and/or shot at nearly every day. Finance nerds still went to work. MI still disseminated no intelligence at all. Marines wrote offensive things and about my mother in very visible places I could not access. In 2003, our csh still kept digital records - on computers and laptops. Everyone did their jobs without any hesitation or meaningful difficulty at all. We all used to be civilians. Everyone has a threshold for the limits of adaptation, but most of us are capable of adapting to war, unfortunately though it may be. I realize that the impression our culture cultivates about war is a guy clutching his knees, weeping, and rocking back and forth while the planet fragments around him - and occasionally that does happen - but esprit de corps tends to motivate people into adaptation. It was my experience that the children in Iraq could follow my leadership and guidance better than their parents. They could also tolerate the terror better. They also had better senses of humor. They could also speak better English. I was an army guy but I still have a hunch that this had something to do with it. So be careful of the narrow perspective that organizational behaviors could only function effectively or reliably when sequestered within utopian sanctuary. People can do amazing things.


  • I wrote in another comment, but if you examine his life, he was NOT a conformist. My favorite thing about his unconventional style was that he knew he needed a radical music program but had enough humility to know he needed someone else to direct it (he was a very talented musician). So he found the local and famous jazz club pianist and directed him to play whatever sort of music he desired. Johnny Costa, one of my personal icons, was very confused at first because he thought his music would be far too advanced or technical for a children’s show. And if you watch the show, you will notice that he plays every single song in a unique way, every single time. Can you imagine that? Playing the same music for 30 years and almost never playing the same thing. He was an absolute master of not hitting the note that your brain expected him to play, yet still playing enough to resolve and release the tension of the melody. It really is beautiful music.

    Whoa, tangent. But seriously, MR was a rebel and the highest calibre of person that Pittsburgh has to offer.


  • ZMonster@lemmy.worldtomemes@lemmy.worldOddly accurate...
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    19 days ago

    I don’t think he remotely fits the “overly wholesome” aspect of this meme at all. He’s far more relatable to creator #1. He made shows about things that are difficult to talk about with kids. He frequently negotiated topics that others advised against. He was incredibly articulate and relatable when it came to even angry letters from ignorant parents. He communicated with children the same way he would with adults. He literally hired a working jazz club pianist to do the music and when asked what kids songs he was going to be playing, homie’s basically like, “Uh, you do you fam. YOU are the music program.” He even made episodes of his show that were FOR adults. He cared deeply about emotional health and knew how detrimental it is to your development at all stages in life. And he did this for decades as a devout and committed spiritual leader and never mentions God a single time. He knows how to be an example and I would be amazed if he were capable of hiding a sordid and deplorable existence.

    He was also an incredible debater and speaker. He does use simpler language on the show but he is very capable. Just adding that because I’m obviously biased. I met him once and my mom wrote him an angry letter. She’s always been a piece of trash but I will never forget his kindness and joy.




  • 😊 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