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Articles by Melanie Chico
Viewpoint: Cook County Class Action Litigation Under the Genetic Information Privacy Act
This year, the Cook County docket has seen an influx of class action claims seeking redress under an older Illinois privacy statute, the Genetic Information Privacy Act (GIPA), no doubt due to the statute’s extreme statutory damage provisions. GIPA, enacted in 1998, provides a private right of action and permits recovery for actual damages or for statutory damages of $2,500 per negligent violation and $15,000 per intentional or reckless violation of the statute.
Employers Beware - New Life for an Old Statute: Cook County Class Action Litigation Under the Genetic Information Privacy Act
This year, the Cook County docket has seen an influx of class action claims seeking redress under an older Illinois privacy statute, the Genetic Information Privacy Act (GIPA), no doubt due to the statute’s extreme statutory damage provisions. GIPA, enacted in 1998, provides a private right of action and permits recovery for actual damages or for statutory damages of $2,500 per negligent violation and $15,000 per intentional or reckless violation of the statute.
Bad News for BIPA Defendants: Illinois Supreme Court Holds That Five-Year Statute of Limitations Applies to All BIPA Claims
Today, the Illinois Supreme Court issued a long-awaited and highly-anticipated decision in Tims v. Black Horse Carriers, Inc., which is sure to have a long-term ripple effect on litigation under the Illinois Biometric Information Privacy Act (“BIPA”) going forward. With no dissenting opinion, the Supreme Court reversed the Illinois First District Appellate Court’s decision applying two separate statutes of limitation depending on the section under which a plaintiff’s BIPA claim is brought.
Are BIPA Claims a Runaway Train? Defendant Hit With $228 Million Federal Jury Verdict in Rogers v. BNSF Railway
On Wednesday, a federal jury broke new ground for lawsuits alleging violations of the Illinois Biometric Information Privacy Act (BIPA). Rogers v. BNSF Railway Co. is the first BIPA class action to go to trial in Illinois, and after only five days of trial and a mere hour of deliberation, the jury returned a verdict in favor of the plaintiff resulting in a whopping $228 million damage award to the class.
INSIGHT: Illinois Employers Have Long To-Do List for New Worker Procedures, Rules
Dykema Gossett PLLC attorneys examine changes to Illinois employment law and how updates to the Fair Labor Standards Act affect these changes. Employers will most likely need to review and update policies relating to how unlawful discrimination is defined, paid leave for gender violence, protections for employees use of lawful products in off-work hours, including cannabis, and restrictions on asking about salary history.
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