(I am not a lawyer, not familiar with Florida state law, and this is not legal advice nor a legal opinion) It is possible that Disney's lawyers expect their mo

(I am not a lawyer, not familiar with Florida state law, and this is not legal advice nor a legal opinion) It is possible that Disney's lawyers expect their motion to dismiss the wrongful death lawsuit from the Florida trial court and compel arbitration to fail, but are (1) attempting to take the shot and see if the judge agrees, which is a win for them, and (2) may be attempting to take advantage of the rules of procedure where even if their motion is denied, Disney can benefit. There is little for them to lose by trying. First, as others have commented, even if Disney's arguments fail, the only real consequences are born by the plaintiff in terms of time and other resources. Civil trials like this are wars of attrition between parties with vastly asymmetric resources. Second, under the rules of civil procedure in many states, which may be the case under Florida law, a denied motion to compel arbitration can be appealed and while that appeal is pending, the case would typically be "stayed" (i.e. paused). Resolution of the appeal can take several years, again applying consequences to the plaintiff in terms of time and other resources, even if the appeal fails. Because of the above, US corporate defendants have been observed to incorporate motions to compel arbitration into their strategies, even when no arbitration agreement, whatsoever, existed. Even in such a situation, when their motion to compel arbitration is denied, the trial court case is stayed (i.e. frozen) for several years while the denied motion to compel arbitration is pending appeal. In California, this became such a problem for both regular plaintiffs and the state's Attorney General, that the state legislature passed a law to change the rules of civil procedure, via SB365 (2023), which took effect this year on January 1, 2024. Under current California law, trial court cases are no longer automatically stayed while a denied motion to compel arbitration are pending appeal. https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202320240SB365 https://leginfo.legislature.ca.gov/faces/billTextClient.xhtm... Meanwhile, under US Federal Law (from a Supreme Court ruling in Coinbase, Inc. v. Bielski - 2023), when a motion to compel arbitration under the Federal Arbitration Act (FAA) is denied, the trial court case is automatically stayed.