BIPA Class Action Litigation 2022 Year-in-Review
From class action filings to settlements to a significant jury verdict, 2022 was a big year for litigation under the Illinois Biometric Information Privacy Act, with major implications for future BIPA compliance requirements.
December 29, 2022 at 09:02 AM
9 minute read
2022 was another banner year for Illinois Biometric Information Privacy Act ("BIPA") class action litigation, with a number of high-profile developments taking place in this space, the most notable being the first BIPA jury verdict in Rogers v. BNSF Ry. Co., No. 19 CV 3083 (N.D. Ill.). At the same time, class action filings continued apace, while several decisions on key BIPA issues extended the boundaries of liability exposure for non-compliance even further.
First BIPA Trial Results in Resounding Win for Plaintiff
On October 12, 2022, the world of biometric privacy litigation experienced a development noteworthy enough to put it on equal footing with Rosenbach v. Six Flags Ent. Corp., 2019 IL 123186 (Ill. 2019)—which held actual injury is not required to pursue BIPA claims—with a jury finding in favor of a class of Illinois truck drivers in the first BIPA class action to be tried to verdict in Rogers v. BNSF Ry. Co. After closing arguments, the jury needed less than an hour to return its verdict in favor of the class of truckers, which awarded $428 million in statutory damages.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View AllLaw Firms Mentioned
Trending Stories
- 1Weil Advances 18 to Partner, Largest Class Since 2021
- 2People and Purpose: AbbVie's GC on Leading With Impact and Inspiring Change
- 3Beef Between Two South Florida Law Firms Deepens With Suit Over Defamation
- 4Judge Skips Over Sanctions in Talc Bankruptcy: 'That’s A No'
- 5Hit by Mail Truck: Man Agrees to $1.85M Settlement for Spinal Injuries
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250
