[blindlaw] nfb v. target

Sun Mar 15 18:56:17 UTC 2009

I really do understand how the process works.  I am looking forward to 
learning the total amount of damages, including attorneys' fees.
----- Original Message ----- 
From: <ckrugman at sbcglobal.net>
To: "NFBnet Blind Law Mailing List" <blindlaw at nfbnet.org>
Sent: Saturday, March 14, 2009 8:14 PM
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!
>>>>>>
>>>>>> _______________________________________________
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>>>>>
>>>>>
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>>>>> _______________________________________________
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>>>
>>>
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>
>
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