Blind Fla. Consumer Asks 11th Circ. To Reconsider ADA Suit

Law360 (April 16, 2021, 7:57 PM EDT) -- A blind Florida consumer has asked the Eleventh Circuit to reconsider its reversal of a district court finding that Winn-Dixie Stores' website violates the Americans with Disabilities Act, arguing the decision is inappropriate because the lower court didn't decide whether the site is a "public accommodation" under the ADA.

Juan Carlos Gil's Thursday petition for rehearing en banc said the Eleventh Circuit's precedent-setting majority opinion is inconsistent with the principle that panels shouldn't make holdings on issues not decided by a lower court and not litigated on appeal.

Gil cited numerous Eleventh Circuit rulings in making his argument that the panel...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!