[blindlaw] nfb v. target

Sat Mar 14 13:25:45 UTC 2009

I want someone to show me how this results in damages of this magnitude.
----- Original Message ----- 
From: "Rod Alcidonis" <roddj12 at hotmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Saturday, March 14, 2009 12:24 AM
Subject: Re: [blindlaw] nfb v. target


> Steve:
>
> If you are not an attorney or a law student, we may be arguing and
> understanding different concepts here. "Damage" is a legal concept, and if
> not used in that sense can certainly lead to ridiculous understanding. A
> damage award allows a plaintiff to be compensated for the harm caused by 
> the
> defendant. Damages take various forms: physical harm, emotional harm, loss
> wages, etc. Here as Scott said, the legislature has decided to make such
> civil rights violations compensable as damages. It is a legal recognition
> that a harm was caused, and it was caused to the plaintiff. The harm here
> was violations of federal and State civil rights.
> I hope that helps.
>
> Rod Alcidonis
> Juris Doctor Candidate, 2009.
> Roger Williams University School of Law
> 10 Metacom Ave., Box: 9003
> Bristol, RI 02809
> Cell: 718-704-4651
> Home: 401-824-8685
>
> ----- Original Message ----- 
> From: "Steve P. Deeley" <stevep.deeley at insightbb.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Friday, March 13, 2009 9:20 PM
> Subject: Re: [blindlaw] nfb v. target
>
>
>> Well, sign me up.  There are dozens of Web sites a year that I can't
>> access. This is just ridiculous.  This is, exactly, what raises the cost
>> of doing business for companies.  I'm not condoning Target's continuing
>> unwillingness to deal with their inaccessible
>> web site, however, there is no way that an individual is damaged to the
>> tune of $4,000.00.
>> Steve
>> ----- Original Message ----- 
>> From: "Mehgan Sidhu" <ms at browngold.com>
>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Friday, March 13, 2009 5:02 PM
>> Subject: Re: [blindlaw] nfb v. target
>>
>>
>>> Steve,
>>>
>>> In addition to the ADA claim, the lawsuit was brought under California's
>>> Unruh Act and Disabled Person's Act, both of which provide for minimum
>>> statutory damages ($4,000 and $1,000 per violation, respectively). 
>>> Under
>>> the agreement, members of the California class who are legally blind, 
>>> had
>>> attempted to use Target.com between February 7, 2003 and December 9,
>>> 2008, and experienced significant barriers were eligible for damages of
>>> up to $3,500 per violation for a maximum of 2 violations.
>>>
>>> A copy of the settlement is available at the following site:
>>> http://www.nfbtargetlawsuit.com/final_settlement.html
>>>
>>> Mehgan Sidhu
>>> Brown, Goldstein & Levy, LLP
>>> 120 East Baltimore Street, Suite 1700
>>> Baltimore, Maryland 21202
>>> 410-962-1030 x1324
>>> 410-385-0869 (fax)
>>> ms at browngold.com
>>> www.browngold.com
>>>
>>> Confidentiality Notice
>>>
>>> This e-mail may contain confidential information that may also be 
>>> legally
>>> privileged and that is intended only for the use of the addressee(s)
>>> named above.  If you are not the intended recipient or an authorized
>>> agent of the recipient, please be advised that any dissemination or
>>> copying of this e-mail, or taking of any action in reliance on the
>>> information contained herein, is strictly prohibited.  If you have
>>> received this e-mail in error, please notify me immediately by use of 
>>> the
>>> reply button, and then delete the e-mail from your system.  Thank you!
>>>
>>>
>>> -----Original Message-----
>>> From: blindlaw-bounces at nfbnet.org [mailto:blindlaw-bounces at nfbnet.org] 
>>> On
>>> Behalf Of Steve P. Deeley
>>> Sent: Friday, March 13, 2009 4:31 PM
>>> To: NFBnet Blind Law Mailing List
>>> Subject: Re: [blindlaw] nfb v. target
>>>
>>> This is ridiculous!  How were these people damaged?
>>> ----- Original Message ----- 
>>> From: "Mehgan Sidhu" <ms at browngold.com>
>>> To: <blindlaw at nfbnet.org>
>>> Sent: Friday, March 13, 2009 3:20 PM
>>> Subject: [blindlaw] nfb v. target
>>>
>>>
>>>> To answer the recent questions posted about the Target case, the final
>>>> settlement hearing took place on March 9th.  I understand from our
>>>> counsel
>>>> in California, Larry Paradis of DRA and Josh Konecky, that there were 
>>>> no
>>>> objectors and the Judge was pleased with the resolution of the case. 
>>>> The
>>>> settlement is not fully "final" until the time for any appeals has 
>>>> run -
>>>> which is about 30 days.  Given there were no objectors, it is highly
>>>> unlikely that any appeals will be filed.  The judge has not yet made a
>>>> ruling on attorneys fees, but that will not hold up enforcement of the
>>>> settlement.
>>>>
>>>>
>>>>
>>>> As for disbursements, assuming there are no appeals, the claims
>>>> administer
>>>> has 45 days from the final approval date to disburse funds to 
>>>> claimants.
>>>> I do not know the final tally of approved claimants, though I think
>>>> there
>>>> were several hundred.  I will pass that information along when I have
>>>> it.
>>>>
>>>>
>>>>
>>>> We will now be working on enforcing the settlement commitments that
>>>> Target
>>>> made with respect to the accessibility of the website.
>>>>
>>>>
>>>> Mehgan Sidhu
>>>> Brown, Goldstein & Levy, LLP
>>>> 120 East Baltimore Street, Suite 1700
>>>> Baltimore, Maryland 21202
>>>> 410-962-1030 x1324
>>>> 410-385-0869 (fax)
>>>> ms at browngold.com<mailto:ms at browngold.com>
>>>> www.browngold.com<http://www.browngold.com/>
>>>>
>>>> Confidentiality Notice
>>>>
>>>> This e-mail may contain confidential information that may also be
>>>> legally
>>>> privileged and that is intended only for the use of the addressee(s)
>>>> named
>>>> above.  If you are not the intended recipient or an authorized agent of
>>>> the recipient, please be advised that any dissemination or copying of
>>>> this
>>>> e-mail, or taking of any action in reliance on the information 
>>>> contained
>>>> herein, is strictly prohibited.  If you have received this e-mail in
>>>> error, please notify me immediately by use of the reply button, and 
>>>> then
>>>> delete the e-mail from your system.  Thank you!
>>>>
>>>> _______________________________________________
>>>> blindlaw mailing list
>>>> blindlaw at nfbnet.org
>>>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>>> To unsubscribe, change your list options or get your account info for
>>>> blindlaw:
>>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/stevep.deeley%40insightbb.com
>>>
>>>
>>> --------------------------------------------------------------------------------
>>>
>>>
>>>
>>> No virus found in this incoming message.
>>> Checked by AVG - www.avg.com
>>> Version: 8.0.237 / Virus Database: 270.11.13/1999 - Release Date:
>>> 03/13/09
>>> 05:59:00
>>>
>>>
>>> _______________________________________________
>>> blindlaw mailing list
>>> blindlaw at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> blindlaw:
>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/ms%40browngold.com
>>>
>>> _______________________________________________
>>> blindlaw mailing list
>>> blindlaw at nfbnet.org
>>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>>> To unsubscribe, change your list options or get your account info for
>>> blindlaw:
>>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/stevep.deeley%40insightbb.com
>>
>>
>> --------------------------------------------------------------------------------
>>
>>
>>
>> No virus found in this incoming message.
>> Checked by AVG - www.avg.com
>> Version: 8.0.237 / Virus Database: 270.11.13/1999 - Release Date: 
>> 03/13/09
>> 05:59:00
>>
>> _______________________________________________
>> blindlaw mailing list
>> blindlaw at nfbnet.org
>> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
>> To unsubscribe, change your list options or get your account info for
>> blindlaw:
>> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/roddj12%40hotmail.com
>>
>
>
> _______________________________________________
> blindlaw mailing list
> blindlaw at nfbnet.org
> http://www.nfbnet.org/mailman/listinfo/blindlaw_nfbnet.org
> To unsubscribe, change your list options or get your account info for 
> blindlaw:
> http://www.nfbnet.org/mailman/options/blindlaw_nfbnet.org/stevep.deeley%40insightbb.com


--------------------------------------------------------------------------------


No virus found in this incoming message.
Checked by AVG - www.avg.com
Version: 8.0.237 / Virus Database: 270.11.13/1999 - Release Date: 03/13/09 
05:59:00