By: Danielle Kays and Kristin Stokes
Seyfarth Synopsis: While the plaintiffs’ bar has aggressively pursued class actions under the Biometric Information Privacy Act (“BIPA”) in recent years, these cases soon may be rivaled by the influx of class actions brought under the Genetic Information Privacy Act (“GIPA”), 410 Ill. Comp. Stat. Ann. 513/1, et seq. After GIPA’s 1998 enactment
Continue Reading GIPA: The Next Big Thing in Privacy Class Actions Against Illinois EmployersBy Danielle Kays and James Nasiri
Seyfarth Synopsis: In February 2023, the Illinois Supreme Court issued a landmark opinion in Cothron v. White Castle finding that claims under the Illinois Biometric Information Privacy Act (“BIPA”) accrue each time a private entity scans or transmits an individual’s biometric data. (Seyfarth’s analysis of this decision can be found HERE.) Defendant
Continue Reading Illinois Supreme Court Upholds Per-Scan Damages for BIPA Claims
By Danielle Kays and Danny Riley, Law Clerk
Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action. BNSF contends that the verdict, which resulted in a court award of $228 million in damages, is unconstitutional and unreasonable
Continue Reading BNSF Seeks New Trial After First Ever BIPA Jury Verdict Because Damages Are Unconstitutional And Unreasonable