[blindlaw] nfb v. target

ckrugman at sbcglobal.net ckrugman at sbcglobal.net
Sun Mar 15 00:14:14 UTC 2009 

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
>>>>
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>>>> 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
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>>>> received this e-mail in error, please notify me immediately by use of 
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>>>>
>>>>
>>>> -----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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