In a long-awaited opinion in Gil v. Winn-Dixie Stores, Inc., a divided Eleventh Circuit Court of Appeals vacated and remanded what had been a ground-breaking Florida district court.
In a recent landmark ruling, the Eleventh Circuit Court of Appeals has held that websites are not places of public accommodation within the meaning of Title III of the Americans with.
Friday, April 9, 2021
On April 7, 2021, the Eleventh Circuit Court of Appeals rendered its long-awaited opinion in
Gil v. Winn-Dixie Stores, Inc., reversing a trial court’s decision against Winn-Dixie, holding that websites are not places of public accommodation under Title III of the Americans with Disabilities Act (ADA), and that Winn-Dixie’s website does not violate 42 U.S.C. § 12182(b)(2)(A)(iii). Most significantly, the court created a major circuit split that may attract the attention of the Supreme Court of the United States, when the Eleventh Circuit rejected the “nexus” standard of liability accepted by several other circuits, including the Third and Ninth Circuits, and the plaintiff-friendly, virtual “places of public accommodation” standard accepted in the First, Second, and Seventh Circuits. The opinion is sorely needed good news for retailers facing a deluge of website accessibility lawsuits. Whether it is cause for celebration remains to be se
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Friday, April 9, 2021
In
Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals held that a FCRA claim arising nearly a year after the termination of a subscriber agreement was subject to the arbitration provision included in the terminated subscriber agreement. 2021 WL 1246263 (11th Cir. 2021). Hearn was a Comcast subscriber, subject to a subscriber agreement (the “2016 Subscriber Agreement”) from December 2016 until August 2017, when he terminated the Comcast services. In March 2019, Hearn contacted Comcast again about pricing for services
at the same Service Address. In connection with his request, Hearn alleged that Comcast initiated a credit inquiry without his permission or knowledge. Hearn filed a putative class action in the Northern District of Georgia alleging violations of the Fair Credit Reporting Act.