The Illinois Supreme Court has ruled out the possibility of a one-year statute of limitations for claims under the Illinois Biometric Information Privacy Act (BIPA). Tims v. Blackhorse Carriers, Inc., No. 127801 (Feb. 2, 2023).
In answer to the certified question of whether the limitations period under section 13-201 of the Illinois Code of…
In our latest issue of the Jackson Lewis Class Action Trends Report, we look back at the most significant developments affecting employment class and collective action litigation in 2022. We also look ahead at potential new challenges in store for employers in 2023.
Read the Winter 2023 Class Action Trends Report.
With this issue…
A jury in federal court in Chicago has returned a verdict for the plaintiff class in the first trial of a case involving claims under the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co., No. 1:19-cv-03083 (N.D. Ill. Oct. 12, 2022).
After deliberating for approximately an hour, the jury returned a verdict in…
Since 2017, more than 1,500 class action lawsuits have been filed under the Illinois Biometric Information Privacy Act (BIPA) and the cases show no signs of slowing. These claims continue to vex Illinois businesses, and multi-state companies that have operations within Illinois.
Several other states have enacted biometric privacy laws, and legislation similar to the…
For employers, 2021 was a challenging year. The post-election landscape, evolving federal and state law, and the effects of a seemingly endless global pandemic created a difficult business climate. Efforts to contain the spread of COVID-19 were met with stiff resistance — legal and otherwise; still, employers persist in earnest to maintain their operations safely…
The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act (BIPA) is preempted by the exclusivity provisions of the Illinois Workers’ Compensation Act (IWCA).
Over the past few years. there has been a significant number of class…
From Finland — by way of our Jackson Lewis Workplace Privacy, Data Management, and Security Report blog — comes the story of a healthcare provider whose refusal to pay a ransom to cyberattackers resulted in a particularly disturbing compromise of customer data: the threat of public disclosure of patient psychotherapy records.
“This incident reveals a…
As organizations aim to return to some type of normalcy, and help ensure a healthy and safe workplace, many have implemented COVID-19 screening programs that check for symptoms, and an employee’s recent travel and potential contact with the virus. Moreover, many states and localities across the nation are mandating or recommending the implementation of COVID-19…
The Eleventh Circuit Court of Appeals ruled today that “incentive” or “service” awards to lead plaintiffs in Rule 23 class actions are unlawful. It is the first circuit court of appeals to expressly invalidate such awards as a matter of law. (Johnson v. NPAS Solutions, LLC, No. 18-12344, September 17, 2020).
In a…
As reported by Bloomberg Law, data breach class action litigation has begun under the California Consumer Privacy Act (CCPA). Filed in the Northern District of California, San Francisco Division, a putative class action lawsuit against Hanna Andersson, LLC and its ecommerce platform provider, Salesforce.com, alleges negligence and a failure to maintain reasonable safeguards, among other…
