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Husband of the deceased after eating at a Disney store rejects arbitration requested by the company because he had joined Disney+

The family of a woman who died in 2023 due to an allergic reaction after eating at a Disney restaurant in Florida, USA, rejected on Thursday a request from the company to dismiss the lawsuit, based on an agreement that favors arbitration in case of conflicts and that was contained in documents when her husband accessed the Disney+ streaming service in 2019.

Kanokporn Tangsuan, a doctor at a New York hospital, died in October 2023 due to a severe allergic reaction to nuts and dairy products after eating at a restaurant at the Disney Spring shopping center in Orlando.

Tangsuan had gone to dinner with his husband Jeffrey Piccolo, and his mother, on the night of October 5 at the Raglan Road Irish Pub restaurant, as described in the lawsuit filed in the Ninth Circuit Court of Orange County (Florida).

According to the complaint, which alleges death by negligence against Disney, the woman had asked in the restaurant several times about the ingredients of the dinner warning about her allergies.

The doctor succumbed without being able to breathe after several minutes of eating and died in a hospital center due to “anaphylaxis due to the high levels of dairy and nuts in her system,” says the lawsuit about the results of the autopsy.

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Her husband sued Disney for damages and requested a jury trial.

However, according to the entertainment company, the case should continue through arbitration, out of court, alluding to Piccolo’s Disney+ account and to avoid the high costs of the trial.

Disney bases its defense on the fact that Piccolo accepted a similar language of arbitrating “all disputes” against The Walt Disney Company or its affiliates not only when accessing Disney+, but also when he bought tickets for the park online in September 2023.

“There is simply no reading of the Disney+ Subscriber Agreement that supports the notion that Mr. Piccolo agreed to arbitrate claims that arose from injuries suffered by his wife in a restaurant located in facilities owned by a Disney theme park or resort and that finally led to her death,” the family’s defense detailed, according to the NPR channel.

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Internacionales

Sinaloa security secretary resigns amid wave of violence and cartel infighting

The Secretary of Security for the Mexican state of Sinaloa (in the northwest), which has been shaken for over three months by a wave of criminal violence that has claimed more than 600 lives, resigned from his position, Governor Rubén Rocha Moya confirmed on Saturday.

The local leader confirmed to AFP the resignation of Secretary Gerardo Mérida, and shortly after, he swore in the new head of the department, General Óscar Rentería. The newly appointed secretary has previously served as the commander of a military zone in the also troubled state of Michoacán (in the west) and led another military region in Mexico City when the current president, Claudia Sheinbaum, was mayor (2018-2023).

The wave of killings that is hitting the state is due to an internal war between two factions of the Sinaloa Cartel, the “Chapitos” and the “Mayos,” named after their leaders, the sons of drug lords Joaquín “Chapo” Guzmán and Ismael “Mayo” Zambada.

Both criminal bosses are imprisoned in the United States on drug trafficking charges, but their sons are fighting for control of the legendary cartel in Sinaloa. The cartel is identified by Washington as the largest producer of illegal fentanyl in Mexico.

Mérida’s departure comes amid ongoing clashes, which have left over 600 people dead and another 700 missing in just over 100 days, according to state prosecutor data.

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The resignation also follows the murder last Wednesday in the capital of Sinaloa of Halexy Guadalupe, one of the members of the investigative team leading the government’s anti-crime strategy under Sheinbaum.

The president is scheduled to visit the state on Sunday to lead a Security Table meeting to address the ongoing violence crisis.

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Internacionales

US Federal appeals court upholds TikTok ban over national security concerns

A U.S. federal appeals court upheld an order requiring TikTok to sever all ties with its Chinese parent company, ByteDance, by January 2025. The court found that the relationship poses a threat to national security, raising concerns that American user data could be accessed without consent by China.

The three-judge panel of the D.C. Circuit Court rejected TikTok’s appeal, affirming that the original order, formalized in a law signed by President Joe Biden and approved by Congress in April, withstands constitutional scrutiny.

“The First Amendment exists to protect freedom of expression in the United States,” said Judge Douglas Ginsburg, writing for the majority opinion. “The government acted solely to protect this freedom from a foreign adversary and to limit that adversary’s ability to collect data on Americans,” he added.

TikTok may appeal the ruling to the Supreme Court, which would need to decide on the case before the January 19 deadline. If accepted, enforcement of the order will be delayed until a final decision is made.

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Internacionales

Spain’s November aets temperature record

Spain experienced its “warmest” November on record this year, with an average temperature of 12.4°C, surpassing the previous record set in 1983, according to the state meteorological agency (Aemet).

“Last November was the warmest on the entire Iberian Peninsula” since records began in 1961, Aemet stated on its social media, specifying that the average temperature for the month was “2.8°C above the average for the period 1991-2020.”

Additionally, November was “very dry overall,” with precipitation levels “40% below normal,” despite the “heavy rains during the early days on the Mediterranean side,” which led to deadly floods in Valencia and other regions, the agency reported.

The floods on October 29th left at least 230 dead, mostly in Valencia.

 

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