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Case ID: 2992 | Civil Rights | 12/27/2004
The parties have reached a tentative $1,860,000 settlement in an action filed against Mockingbird Station Partners, LP on behalf of mobility-impaired individuals who are disabled within the definition of the Americans with Disabilities Act, who allege that the facilities at Mockingbird Station in Dallas, Texas, violate Title III of the Americans with Disabilities Act, the Texas Architectural Barrier Act, and the Texas Human Resources Code. Claim forms must be postmarked by January 31, 2004, to be considered valid.
The action alleges that mobility-impaired individuals have been unable to use the facilities at Mockingbird Station due to barriers to their mobility, allegedly caused by architectural and construction defects. Mockingbird Station is a mixed-use property containing stores, restaurants, loft apartments, an office building, and a movie theater. It is located at the northeast corner of Central Expressway and Mockingbird Lane in Dallas, Texas, 75206. More specifically, the class is made up of individuals who are disabled within the definition of the Americans with Disabilities Act (permanent disability that impairs mobility); and who must use a wheelchair walker, crutches, or a cane to walk; and who visited the Mockingbird Station property between February 1, 2001, and January 31, 2004. In order to prove membership in the class, you must fill out a claim form, which the settlement site refers to as a “Declaration.” This declaration requires you to establish that you have visited the Mockingbird Station by filling in the date you were at the property, and signing under penalty of perjury. You will also have to prove your mobility impairment. Any one of the following items is considered sufficient proof of mobility impairment: records from the social security department, doctor’s records, insurance disability application records, military records, state agency records, or Medicare records. The declaration form may be downloaded in the File section at the settlement website. The settlement terms consist of three parts: 1. The parties have agreed to a plan to make Mockingbird Station compliant with existing law by addressing the construction/design defects and other barriers allegedly existing at the Mockingbird Station Property. 2. The defendants will make contributions to the following organizations in the amount of $30,000 each: Turning Point; Spina Bifida Association of Dallas; REACH, Inc; Paralyzed Veterans Association, Lone Star Chapter Honor Guard (Dallas); Coalition of Texans with Disabilities; No Barriers, Inc; Texas Adaptive Aquatics; and Understanding Accessibility, Inc. 3. Class members will be eligible to receive cash payments of $50 each, up to a maximum of $1,860,000. The money will be distributed at the close of time for all claims of class membership. In the event that the number of claims at $50 per class member exceeds the total amount of $1,860,000, each class member shall receive an equal pro rata share of the fund. The settlement will not be effective until the court grants it final approval. The court has scheduled a hearing on the matter for January 14, 2004. At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Civil Rights Cases of Interest After more than 10,000 anti-war protestors marched on Lake Shore Drive in Chicago on March 20, 2003, police detained and arrested hundreds of demonstrators and bystanders. A lawsuit behalf of over 800 people who were unlawfully held that night has recently been granted class action status. A statewide class action has been filed in New York against collections specialist, Trans-Continental Credit & Collection Corporation. The action is brought on behalf of all New York residents who have received collection letters from Trans-Continental that contain language that consumers claim is deceptive, unfair and contains false threats. The action is brought under the federal Fair Debt Collections Practices Act and seeks statutory damages as well as injunctive and declaratory relief. A class action has been filed in Texas against petro-chemical giant Chevron Phillips Chemical Company, LP on behalf of all past and present female managers--apparently nationally--of the company who have experienced discrimination based on their sex. The managers claim that Chevron has systematically discriminated against them, violating both federal and Texas civil rights laws. The managers are seeking compensatory damages, back and front pay, injunctive relief and liquidated damages.
A nationwide class action has been filed against the US Department of Agriculture on behalf of black farmers who farmed or attempted to farm between January 1, 1997, and August 30, 2004, and who allege that the agency has conspired to take their land through tacit racial discrimination expressed through government farm loan and program policies. The lawsuit alleges that the USDA has violated the 14th amendment of the American Constitution, the federal Civil Rights Act of 1964, and the Equal Credit Opportunity Act, and seeks at least $20.5 billion in damages. A Los Angeles Superior Court Judge granted preliminary approval to a $5,348,000 settlement of class action litigation. Finding the proposed settlement to be fair and reasonable, the order deals with disputed payroll practices in the entertainment industry in California. A collective action has been filed in South Carolina against the School District of Oconee County. The action is brought on behalf of all former and current employees who have worked in excess of 40 hours a week, but who have not been paid overtime by the school district. The action is brought under the federal Fair Labor Standards Act and is seeking back pay as damages. |
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