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FisherBroyles partner Susan V. Warner wins landmark case for Winn-Dixie Stores

Apr 09, 2021
  • FisherBroyles News

(Miami, April 9, 2021)—FisherBroyles, LLP is pleased to announce its client, Winn-Dixie Stores, Inc. (“Winn-Dixie”), has won a landmark appeal on the Eleventh Circuit due to the efforts of the Firm’s Litigation Partner, Susan V. Warner.

The highly anticipated ruling from the Eleventh Circuit found in Winn-Dixie’s favor that websites are not places of public accommodation under the Americans with Disabilities Act (“ADA”). The case was the first ADA website compliance claim to go to trial in the country.

Susan, an experienced litigator, who represents corporations, small businesses, and individuals before federal and state courts at both the trial and appellate level represented Winn Dixie throughout the entire legal proceedings which began in July 2016.

Susan V. Warner, Partner at FisherBroyles, said:

“We are pleased with the opinion and that the Eleventh Circuit agreed websites are not places of public accommodation under the ADA.  The ruling comports with the plain language of the statute, which limits places of public accommodation to physical locations. As the Court concluded, the issue of the ADA’s applicability to websites is best left to Congress to address, not the courts.”

Sandy Grimm, Chief Legal Officer at Southeastern Grocers, Inc., said:

“We sincerely appreciate Susan Warner’s counsel and support on this important case.  Her skill and legal acumen were invaluable to our success. “

Joel M. Ferdinand, Global General Counsel and Managing Partner of Litigation at FisherBroyles, said:

“We welcome the news of Susan’s successful appeal. Not only does this ruling represent a significant legal achievement, but Susan’s individual efforts also provide further validation of the FisherBroyles model.”

 

The case is Gil v. Winn-Dixie Stores Inc., case number 17-13467, in the U.S. Court of Appeals for the Eleventh Circuit.

 

Further information

 

FisherBroyles

Joel M. Ferdinand, Global General Counsel and Managing Partner of Litigation

[email protected]

Direct: +1.404.973.2180

 

Susan Warner

Partner

[email protected]

Direct: +1.786.310.0637

 

Thoburns

John Gill

[email protected]

Direct: + 44 7860 410272

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