Seyfarth Synopsis: A recent order from the Eleventh Circuit
signals that the court is seriously considering a rehearing in Gil
v. Winn-Dixie.
As previously
reported, the Eleventh Circuit made waves recently overturning
a 2018 Florida federal court's trial verdict ruling that Winn
Dixie's inaccessible website violated the ADA. On April 15, the
plaintiff filed a Petition for Rehearing en banc, arguing
that the issues in the case are of exceptional importance and that,
inter alia, the panel deviated from prior Eleventh Circuit
precedent in rejecting the "nexus" standard. On April 22,
counsel for numerous advocacy groups including the National
Federation of the Blind, National Council on Independent Living,
and National Association of the Deaf, filed a motion for leave to
file amicus briefs in support of the rehearing. Yesterday, May 20,
the Court ordered Winn Dixie to
file a response to the Petition for Rehearing by June 1. The Court
noted its particular interest in
