In May, we told you about proposed revisions to the Illinois Biometric Information Privacy Act (“BIPA”) that should provide some welcome relief for defendants. Governor J.B. Pritzker has now signed that reform legislation into law.Continue Reading BIPA Bellwether: Governor signs BIPA reform bill
In a welcome change for defendants, a recent amendment to the Biometric Information Privacy Act (“BIPA”) is expected to significantly curtail potential damages under the statute. SB 2979, which passed the General Assembly on May 16, 2024, clarifies that damages are per individual, rather than per violation, for violations of the collection provision under Section 15(b) and the disclosure provision under Section 15(d). Continue Reading BIPA Bellwether: General Assembly provides relief from “per scan” damages
On November 30, 2023, the Illinois Supreme Court issued a much-anticipated decision in Mosby v. The Ingalls Memorial Hospital, answering a certified question about whether biometric information collected from health care workers is protected by the Illinois Biometric Information Privacy Act (BIPA) if that information is used for purposes related to health care treatment, payment, or operations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Court ruled that when health care worker data is collected for purposes of health care treatment, payment, or operations under HIPAA, the information is excluded from protection under BIPA.
Mosby involved a putative class action claim brought by nurses whose biometric information allegedly was collected to identify them before dispensing medication to patients. The trial court and Illinois Appellate Court had ruled that these collections were covered by BIPA because BIPA’s exclusions for “health care treatment, payment, or operations under HIPAA” were directed at protecting patient data, not health care worker data.Continue Reading Illinois Supreme Court: Collection of Biometric Data for Health Care Treatment, Payment, or Operations Is Exempt from BIPA
In a ruling that maintains the status quo created by the Illinois Supreme Court’s holding in Cothron v. White Castle System, Inc., 2023 IL 128004, the Seventh Circuit recently affirmed the trial court’s ruling that certain of the defendant’s alleged violations of the Illinois Biometric Information Privacy Act (BIPA), 740 ILCS 14/1 et seq., are not barred by the five-year statute of limitations. As discussed in greater detail in an earlier BIPA Bellweather post the Illinois Supreme Court’s Cothron decision held that a separate claim accrues under BIPA each and every time biometric data or information is collected, scanned and/or disclosed. Continue Reading SEVENTH CIRCUIT FOLLOWS ILLINOIS SUPREME COURT PRECEDENT AND FINDS BIPA CLAIMS TIMELY
In a highly anticipated decision issued in February 2023, the Illinois Supreme Court held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each and every time biometric data or information is collected, scanned and/or disclosed. Defendant White Castle System, Inc. (“White Castle”) filed a petition for rehearing, seeking to overturn the Cothron decision. On July 18, 2023, the Illinois Supreme Court denied White Castle’s petition and left in place a standard that is likely to have a profound impact on the valuation of BIPA claims. Continue Reading BIPA Bellweather: Back to the BIPA Norm—Illinois Supreme Court Refuses to Reconsider Cothron Decision
In a landmark decision, U.S. District Judge Matthew Kennelly vacated a $228 million damages award in Richard Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.), and ordered a new jury trial limited to the question of damages. (See full Opinion and Order here.) The Rogers ruling applies the Illinois Supreme Court’s decision in Cothron v. White Castle System, Inc. finding that the amount of damages in a BIPA action is discretionary, not mandatory. A jury will ultimately exercise that discretion in a subsequent trial on damages. Continue Reading BIPA Bellweather: A Glimmer of Hope? Court Vacates $228 Million Judgement From First BIPA Jury Trial
In a highly anticipated decision, the Illinois Supreme Court recently held that a separate claim accrues under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.) each time biometric data or information is collected and/or disclosed. The Supreme Court’s holding in Cothron v. White Castle System, Inc., 2023 IL 128004, is likely to have a profound impact on both the ability of plaintiffs to file BIPA claims and the calculation of liquidated damages for such claims. Continue Reading BIPA ALERT: Illinois Supreme Court Opens the Door to “Punitive, Crippling Liability” for Illinois Businesses
In a ruling that is unlikely to significantly alter the landscape of litigation under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.), the Illinois Supreme Court recently clarified that a five-year statute of limitations is applicable to all claims under the Act. The Supreme Court’s holding in Tims, et al. v. Black Horse Carriers, Inc. clarifies the applicable statute of limitations period for BIPA claims, but does not address the critical question of when claims accrue under the Act.Continue Reading BIPA ALERT: Five Year Statute of Limitations Applicable to All BIPA Claims
In a landmark decision, a Chicago federal jury found that BNSF Railway Co. (“BNSF”) violated the Illinois Biometric Information Privacy Act (“BIPA” or the “Act” (740 ILCS 14/1 et seq.) resulting in a judgment of $228 million against BNSF. The speed in which the jury delivered its verdict, and the scope of the damages calculated by the Court, should give pause to any employer or entity facing BIPA claims.
Continue Reading BIPA ALERT: $228M Judgment in First BIPA Jury Trial
In yet another blow to employers facing claims under the Illinois Biometric Information Privacy Act (“BIPA” or the “Act”) (740 ILCS 14/1 et seq.), the Illinois Supreme Court held that the Illinois Workers’ Compensation Act (“IWCA”) (820 ILCS 305/1 et seq.) does not preempt BIPA claims for statutory damages brought by employees. The Court’s holding in McDonald v. Symphony Bronzeville Park, LLC, et al. awas not unexpected by most BIPA practitioners, and will likely trigger the resumption of many dozens of BIPA workplace lawsuits which were stayed while the Illinois justices considered the case.
Continue Reading Illinois Supreme Court Eliminates Another BIPA Defense