[blindlaw] nfb v. target

Sat Mar 14 16:57:30 UTC 2009

Some Sarcasm, I will admit, why not $4.00 and have the courts enforce the 
judicial order to remedy the situation.  My real question in all of this is 
to learn how the amount of damages were arrived at in the case?
Steve
----- Original Message ----- 
From: "Locke Milholland" <lmilholland at hotmail.com>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Saturday, March 14, 2009 10:48 AM
Subject: Re: [blindlaw] nfb v. target


> Steve,
> Suppose, instead of a reasoned one, I were to insert an ad homonym 
> response
> for explaining for a third time what your sarcasm indicates a continued 
> lack
> of understanding, then you could hypothetically claim defamation.  I've 
> seen
> no calculus for computing damages, yet in defamation cases damages are
> nevertheless, reduced to monetary awards.  The damages are as much against
> the defendant as for the plaintiff in some cases.
>
> If my actual pecuniary damages from having to shop through Amazon's
> accessible website over Target's inaccessible website were ten cents for a
> dvd, then the damages are likely not to encourage Target to do anything
> towards remedying their website.  Four thousand dollars per instance may. 
> A
> remedy at law is easier to enforce than one in equity for specific
> performance.
>
> A defined amount of damages has more bite than calculated out-of-pocket
> damages, and our envy of not being in California and denied shopping at
> target can continue from our less proactive jurisdictions.
>
>
> Locke
>
>
> ----- Original Message ----- 
> From: "Steve P. Deeley" <stevep.deeley at insightbb.com>
> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
> Sent: Saturday, March 14, 2009 9:26 AM
> Subject: Re: [blindlaw] nfb v. target
>
>
>> I'm quite certain there was psychological damage as well, right???
>> ----- Original Message ----- 
>> From: "Dennis Clark" <dennisgclark at sbcglobal.net>
>> To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
>> Sent: Friday, March 13, 2009 9:15 PM
>> Subject: Re: [blindlaw] nfb v. target
>>
>>
>>> They were damaged in that they were not able to place orders on Targets
>>> website using screen readers.  As a result you would have to make
>>> purchases
>>> on the Target website using sighted assistance, likely paid assistance,
>>> or
>>> you would have to go to a Target store.  If retailers like Target do not
>>> wish to make their websites available to all people, all they need to do
>>> is
>>> take the website down, and we can all go to the store in person to make
>>> our
>>> purchases.
>>> All the best,
>>> Dennis
>>>
>>>
>>>
>>> ----- 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 1:31 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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