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...

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