The Illinois Supreme Court's Response to BIPA
Manage episode 353690478 series 3436399
In Episode 2 of The BIPA Radar, co-hosts Mary and Josh break down key Illinois Supreme Court and Seventh Circuit cases involving defenses raised to BIPA litigation, including Rosenbach v. Six Flags, McDonald v. Symphony Bronzeville Park, Cothron v. White Castle, Tims v. Black Horse Carriers, Miller v. Southwest Airlines Co, and Fernandez v. Carey. This conversation provides insights for employers seeking clarity around whether the Illinois Workers' Compensation Act and certain federal laws pre-empt BIPA lawsuits. Mary and Josh also discuss the statute of limitations on filed claims, the sufficiency of written policies made available to the public that establish a retention schedule and guidelines for permanently destroying biometric identifiers, and the impact of previously established collective bargaining agreements. This episode will provide valuable information for businesses potentially subject to BIPA and defense attorneys around the country, as they seek to assess and mitigate risk, given that the tidal wave of litigation is expected to continue.