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Submission + - Disney says Disney+ TOS means man can't sue for wife's fatal allegic reaction 1

beamdriver writes: As is being reported in Newsday , Disney has asked a Florida court to dismiss a wrongful-death lawsuit filed by the husband of a Carle Place physician who suffered a fatal allergic reaction after eating at a Disney Springs restaurant.

The company cited legal language agreed to years earlier when Jeffrey Piccolo, widower of Kanokporn Tangsuan, 42, of Plainview, signed up for a one-month trial of the Disney+ streaming service that requires users to arbitrate all disputes with the company, records show.

Kanokporn Tangsuan, died in October after dining with her husband, Jeffrey Piccolo, at a restaurant in a section of the Walt Disney World Resort. Despite informing the waitstaff several times of her severe peanut and dairy allergies and receiving assurances that her meal would be allergen-free, she began having severe difficulty breathing shortly after dinner. She self-administered an epi-pen and was transported to a hospital, where she later died.

A medical examiner attributed her death to anaphylaxis due to elevated levels of dairy and nuts in her system, according to the suit.

Comment Re:Sadly he became a Trumpist in his last days (Score 1) 221

I'd like to point out that Dreams With Sharp Teeth was produced with a very pro-Ellison point of view. There's nothing wrong with that, to be sure, but if you're indulging in cinematic hagiography and the subject of your production still comes off as kind of an asshole...well...

Comment Re:Volunteer and donate (Score 3, Informative) 428

Seriously, how stupid do you have to be to not understand this?

  There's not some sitting in Uber HQ with his hand on a knob that controls the surge amount. Surge pricing is based on an algorithm which is based on the ride data. It has no idea about terror attacks or other disasters.

Comment Wikileaks: Propaganda arm of Russian intelligence (Score 3, Insightful) 231

Everything they and Assange have done pretty much confirms this.

I mean, come on, every day Assange is telling us that he's going to release some new leak about Clinton that's going to lead to her indictment. He's essentially the Russian version of our old friend, The Iraqi Information Minister.

Comment Re:talk is cheap (Score 1) 168

Maybe you're confused. Holder was Attorney General. He headed up the Department of Justice. Immigration and border enforcement come under the purview of the Department of Homeland Security.

Also, not that I think you're interested in actual facts, but the Obama administration has deported more people that any other President. So far more than 2.5 million people have been deported under the Obama government. That's up 23% from the George W. Bush years.

Comment Re:No (Score 1) 545

It's important to note that this is a clear violation of the exempt employee rule.

With some exceptions, the base pay of a salary basis employee may not be reduced based on the "quality or quantity" of work performed (provided that the employee does "some" work in the work period). This usually means that the base pay of a salary basis employee may not be reduced if s/he performs less work than normal, if the reason for that is determined by the employer. For example, a salary basis pay employee's base pay may not be reduced if there is "no work" to be performed (such as for a plant closing or slow period), and a salary basis employee's base pay may not be reduced for partial day absences. However, employers may "dock" the base pay of salary basis employees in full day increments, for disciplinary suspensions, or for personal leave, or for sickness under a bona fide sick leave plan (as for example if the employee has run out of accrued sick leave).

If the company is regularly doing this, employees classified as exempt could turn around and sue for unpaid overtime wages.

Comment Re:This is supposed to be the *WAY* they do their (Score -1, Flamebait) 392

The Republicans controlled congress until 2007.

In case you missed that, let me say it again.

THE REPUBLICANS CONTROLLED CONGRESS UNTIL FUCKING 2007!!!

It takes some kind of serious disconnect to blame things that happened in Congress on members of the party that were OUT OF POWER WHEN IT HAPPENED.

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