"It is very difficult to find justice, but you develop a gestalt when justice has been achieved, and I think that happened in this case. . . .I would say any lawyer ... should examine this file to see how a class-action should be handled. The rights and obligations of all the parties have been represented, and this has not taken on the aspects of a barroom brawl."
Judge John Kane, July 27, 2006 during final fairness hearing
Kmart
Citation
Lucas v. Kmart, Corp., Civ. Act. No. 99-K-1923 (CBS) (D.C. Colo. 1999)
Issues
ADA lawsuit involving wheelchair accessibility at both newly constructed and existing facilities: Aisles blocked with merchandise, non-compliant parking, inaccessible counter heights, designated accessible check-out aisles never open.
Status
On July 27, 2006, one day after the 16th Anniversary of the ADA, Judge Kane gave final approval to the class action settlement, approving the largest Title III settlement in history. The settlement will improve wheelchair access in every Kmart across the United States and territories over seven years. Wheelchair and scooter users who have shopped at Kmart since 2003 in Colorado, Texas, Hawaii, California, Massachusetts, or Oregon can fill out a claim form to receive damages pursuant to state laws in those states. Visit www.KmartAccessSettlement.com to view the class notice and to print a personalized claim form.
On February 9, 2006 the parties reached settlement as a nationwide class action with injunctive relief and damages for individuals who experienced discrimination in states with statutory damages for disability discrimination (including Colorado).
On March 13, 2006 the settlement was filed with the court. You can view the settlement documents below.
A preliminary fairness hearing is scheduled for March 22, 2006 and a final fairness hearing will be held on July 27, 2006.
Visit www.KmartAccessSettlement.com to view the class notice and to print a personalized claim form.
Settlement documents
Available Documents
Media Coverage
(Links open in a new window.)
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July 31, 2006, Display and Design Ideas, Kmart Settles Disability Case
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July 28, 2006, Denver Post, Access Settlement a Record
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July 28, 2006, Rocky Mountain News, Judge OKs Landmark Kmart Settlement
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July 27, 2006, Ragged Edge Online/Inclusion Daily Express, Judge Approves Multi-Million Dollar Kmart Accessibility Lawsuit
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July 27, 2006, Associated Press via Yahoo Finance, Judge Approves Settlement in Kmart Case
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March 16, 2006, Ragged Edge Online, Kmart Agrees to Record ADA Access Settlement
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March 14, 2006, Denver Post, Disabled Win Kmart Payout
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March 14, 2006, AP via Yahoo News, Kmart Settles Disability Access Lawsuit
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March 13, 2006 -- Kmart Enters Landmark Settlement of Nationwide Disability Access Lawsuit
