[blindlaw] nfb v. target

Sun Mar 15 08:22:27 UTC 2009

This is what happens when professional groups like the state medical society 
have too much influence. There have been similar attempts to do such things 
in California and our predominantly Democratic legislature has prevented it 
from happening.
Many consumer protection groups are very effective when it comes to lobbying 
against such draconian measures.
Chuck
----- Original Message ----- 
From: "Tim Shaw" <timandvickie at hotmail.com>
To: <blindlaw at nfbnet.org>
Sent: Saturday, March 14, 2009 6:43 PM
Subject: Re: [blindlaw] nfb v. target

yes, they could go an pass a limit that is way to low like they have in 
Texas for medical malpractice in Texas. They have set such a hard maximum 
for such medical cases in Texas that it is had to find a lawyer here anymore 
that will do malpractice cases anymore because the amount received wont even 
cover the legal fees

> From: ckrugman at sbcglobal.net
> To: blindlaw at nfbnet.org
> Date: Sat, 14 Mar 2009 17:14:14 -0700
> Subject: Re: [blindlaw] nfb v. target
>
> part of the issue here is that damages awarded to punish businesses for 
> this
> type of inappropriate behavior. it is used as a deterrent to insure that
> businesses are made to follow the laws and take civil rights issues
> seriously. It is the same principle that courts use for assessing fines 
> for
> drunk driving and other offenses. In order to bring about change you need 
> to
> affect an individual or a business in a way that is effective and awarding
> damages is one of the best ways possible. It has become a sound principal 
> of
> law and has been upheld in many court tests both in civil and criminal
> cases.
> Chuck Krugman, M.S.W., Paralegal
> 1237 P Street
> Fresno ca 93721
> 559-266-9237
> ----- 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 6:25 AM
> Subject: Re: [blindlaw] nfb v. target
>
>
> >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 
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> >>>>
> >>>>
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> >>>> _______________________________________________
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> >>>
> >>
> >>
> >> _______________________________________________
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> >
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> >
> >
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> >
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>
>
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