Disney Springs is a shopping mall though. You don't need a ticket to visit. It's also a stretch to claim one agreed to certain terms of service by merely visiting a website.
Indeed. The restaurant is operated by Great Irish Pubs Florida Inc, as noted in the lawsuit filings (Disney and GIPF are listed as separate defendants).
They probably did, it’s just not newsworthy. They generally give as many arguments as they can in support of a motion they just need one to work, but the news is only interested in what’s surprising, not reporting on the trial.
They did. Their answer to the lawsuit advances that argument. This is a separate motion to stay the lawsuit proceedings and refer it to arbitration per the terms they claim were agreed to.
Or put another way this motion isn’t claiming they aren’t liable because of the agreement to arbitration, they’re arguing that the venue is incorrect based on that agreement. The motion is for a stay of proceedings pending the arbitration.
Edit:
In fact the plaintiffs answer to this motion probably illustrates why this motion was filed in the first place. If you have and arbitration clause but you participate in a lawsuit voluntarily, the courts view this as waiving your right to arbitration. Presumably this is to protect against a case where a side engages in a lawsuit and seeing that it’s going badly for them, tries to have it switched to arbitration later. In order to have arbitration at all, they have to start by arguing for arbitration before committing too far into a court case
No, though maybe there is a reasonable assumption they enforce more oversight on tenants than a typical mall would. They do publish the restaurant menu on their website (including allergen info) and you can make reservations through their app. But the restaurant is ultimately a tenant operated by someone else in Disney's free to enter outdoor shopping mall. The original source of the incorrect info was definitely the restaurant, and the restaurant is also the one that doubled down on the incorrect info when the woman asked IRL. The main reason to sue Disney here is they're much richer than a Florida Irish pub chain.
You're right, I didn't realize that from the court docs. The tickets are just as much unrelated as the video streaming, this is just as absurd as it appeared on its face...
