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ARTICLE · 02 FEBRUARY 2023

Eagerly Awaited Decisions For BIPA Class Action Litigation In 2023

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Despite its enactment in 2008, the Illinois Biometric Information Privacy Act's (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017.

United StatesPrivacy
Kristine R. Argentine
Kristine R. Argentine
Paul Yovanic, Jr
Paul Yovanic, Jr
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Despite its enactment in 2008, the Illinois Biometric Information Privacy Act's (BIPA) legal standards were largely undeveloped until its emergence to the main stage circa 2017. But with the decisions in Rosenbach v. Six Flags in 2019 (standing) and McDonald v. Symphony in 2022 (workers' compensation), and the recent $228 million jury verdict against BNSF Railway in the first-ever BIPA trial, we continue to see the BIPA landscape take shape. With more than 250 lawsuits filed in 2022 alone, BIPA litigation shows no signs of slowing down. As we look forward to another busy year of BIPA litigation in 2023, attorneys on both sides of the 'v.' eagerly await two critical decisions from the Illinois Supreme Court that could significantly impact pending and future litigation.

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