[blindlaw] nfb v. target

Sat Mar 14 13:27:42 UTC 2009

    Steve:

The effort here was to try to help your understanding and educate your 
logic, not to justify the existence of the legal system. I am afraid that 
you are still not willing to accept that "damage" as used in the law is a 
term of art. Meaning, It has a specific legal definition different from 
normal use. It is different when you say that "my bicycle was damaged, for 
example. It is a legal recognition that certain harms should be compensated. 
In this case, the plaintiffs are being paid not for the fact that they were 
physically damage in the normal use of the term, but for violations of their 
civil rights. See Denis' e-mail for what the harm was.

In the bicycle example, if someone were to break your bicycle, you can 
receive "damages" as the cost of repair, or replacement of the bicycle. By 
the way, you are also entitled to enforce your civil rights if you so choose 
and receive damages.

Not every violations entitle someone to such remedy. When a person cannot 
get damages under the law, that person has the option of seeking  equitable 
relief in the form of an injunction or restraining order against the 
defendant. In this case damages was available as a remedy so the plaintiffs 
are getting money. They are getting paid because their civil rights were 
violated. I hope this further helps inform your comments.

Take care.

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 9:22 PM
Subject: Re: [blindlaw] nfb v. target

That is a lawyer talking who makes his living in rediculous situations like
this one.  Again, you show me how an individual was damaged and out
$4,000.00.
Steve
----- Original Message ----- 
From: "Scott C. LaBarre" <slabarre at labarrelaw.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Friday, March 13, 2009 5:38 PM
Subject: Re: [blindlaw] nfb v. target

Violation of civil rights has long been recognized as a form of compensible
legal damage as well it should be.
Scott C. LaBarre, Esq.

LaBarre Law Offices P.C.
1660 South Albion Street, Ste. 918
Denver, Colorado 80222
303 504-5979 (voice)
303 757-3640 (fax)
slabarre at labarrelaw.com (e-mail)
www.labarrelaw.com (website)

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----- 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 2:31 PM
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
>>
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>> privileged and that is intended only for the use of the addressee(s)
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>> copying of this e-mail, or taking of any action in reliance on the
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>>
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