In Castaneda v. Burger King Corp., 2010 U.S. Dist. LEXIS 78299 (N.D. Cal. July 12, 2010), a California federal court approved a settlement of a disability class action lawsuit. The plaintiffs had contended that Burger King’s restaurants were not accessible to customers who use wheelchairs and scooters in violation of the Americans with Disabilities Act and California’s Unruh Act. Under the terms of settlement, Burger King agreed, among other things, to an injunction to eliminate accessibility barriers at certain of its restaurants and to pay $5 million in damages (an average of approximately $13,000 for each named and opt-in plaintiff) and $2.5 million in attorneys’ fees and expenses. The settlement provides the court with ongoing jurisdiction until 2014 to monitor the terms of settlement and Burger King’s compliance with the injunction.
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