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ARTICLE · 17 SEPTEMBER 2026

It’s An Arbitration Agreement After All: Disney Compels Arbitration And Dismisses Class Claims In Antitrust Suit

Duane Morris LLP
Duane Morris LLP
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A federal court granted Disney's motion to compel arbitration in an antitrust class action, allowing the company to invoke fuboTV's subscriber terms of service after acquiring a 70% stake in the streaming platform. The ruling demonstrates how corporate mergers can fundamentally alter litigation strategy by enabling non-signatories to enforce arbitration agreements containing "future affiliates" provisions.

United StatesLitigation, Mediation & Arbitration
Gerald Maatman, Jr.
Gerald Maatman, Jr.
Jennifer A. Riley
Jennifer A. Riley
Michael Rosenblatt
Michael Rosenblatt
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Duane Morris Takeaways: On September 8, 2026, in Unger, et al v. The Walt Disney Company, No. 5:25-CV-01163 (N.D. Cal. Sept. 8, 2026), Judge Edward J. Davila granted Defendant’s motion to compel arbitration, ordered on a consolidated docket with Biddle, et al. v. The Walt Disney Company, No. 5:22-CV-07317 (N.D. Cal.). This decision serves as a clear example of arbitration agreements as a powerful tool for a company to dismiss class claims, and a critical reminder that a company that may not have signed an arbitration agreement can invoke an arbitration agreement in specific circumstances.

Case Background

Plaintiffs Cole Unger and Steven Prescott brought suit against the Walt Disney Company (“Disney”), alleging violations of the Sherman Act and corresponding state laws. Unger filed the Complaint on January 14, 2025 and filed a First Amended Complaint, adding Prescott as a plaintiff, on April 28, 2025. According to the First Amended Complaint, Disney allegedly undertook a

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