BIPA Bellwether

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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  

Binary code behind a blue digital fingerprint

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

Binary code behind a blue digital fingerprint

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