SVOBODA v. AMAZON COM LLC (2026)

United States Court of Appeals, Seventh Circuit.

Tanya V. SVOBODA and Antonella M. Ortiz Colosi, Plaintiffs-Appellees, v. AMAZON.COM and Amazon.com Services, LLC, Defendants-Appellants.

No. 25-1361

Decided: March 06, 2026

Before ILANA DIAMOND ROVNER, Circuit Judge, DAVID F. HAMILTON, Circuit Judge, MICHAEL Y. SCUDDER, Circuit Judge

Keith J. Keogh, Theodore H. Kuyper, Timothy J. Sostrin, Attorneys, Keogh Law, Ltd, Chicago, IL, for Plaintiffs-Appellees. Elizabeth Brooke Herrington, Alborz Hassani, Attorneys, Morgan, Lewis & Bockius LLP, Chicago, IL, Stephanie Schuster, Attorney, Morgan, Lewis & Bockius LLP, Washington, DC, Ari M. Selman, Attorney, Morgan, Lewis & Bockius LLP, New York, NY, Matthew D. Klayman, Attorney, Morgan, Lewis & Bockius LLP, Philadelphia, PA, for Defendants-Appellants. Johanna M. Spellman, Sean M. Berkowitz, Kathryn Running, Attorneys, Latham & Watkins LLP, Chicago, IL, Ben Harris, Attorney, Latham & Watkins LLP, New York, NY, for Amicus Curiae Union Pacific Railroad Company.

ORDER

On consideration of the petition for rehearing and rehearing en banc, no judge ¹ in active service requested a vote on the petition for rehearing en banc and all members of the original panel have voted to deny rehearing and to issue an amended opinion. We added the following language on page 17: “The district court was also on solid ground in observing that it retained discretion on a finding of liability to award damages on a classwide basis by, for example, assessing the amount of damages on a common per-scan basis.” The court's opinion dated December 17, 2025, is amended in a separately filed opinion released today.

It is, therefore, ORDERED that rehearing and rehearing en banc are DENIED.

FOOTNOTES

1. Judge St. Eve, Judge Lee, and Judge Kolar did not participate in the consideration of this petition.

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