Sarah E. Flohr
sflohr@smsm.com
Showing 2 posts by Sarah E. Flohr.
CYBER RISK CLIENT ALERT: The Constitutional Argument Against BIPA
There has been no shortage of litigation since the passage of the Illinois Biometric Information Policy Act, commonly known as BIPA, especially since the Illinois Supreme Court’s recent decision in Rosenbach v Six Flags Entm’t Corp., 2019 WL 323902 (Ill 2019) that an individual does not need to allege actual damages to have standing. We have already circulated two articles discussing the [Southwest] and [Hotel Management] lawsuits. In response, defendants have been swift and creative in their defense. Most recently, a major grocery chain argued before an Illinois state court judge the unconstitutionality of BIPA. More »
Another BIPA Violation Alleged in Illinois
As a follow-up to our blog post discussing the status of the Southwest litigation currently underway in the Seventh Circuit, another complaint alleging a violation of the Biometric Information Privacy Act (“BIPA”) was filed by a hotel employee in Cook County, Illinois. Donal Lydon v. Fillmore Hospitality, et al., Case No. 2019-CH-05679 (Circuit Court of Cook County, Illinois). Like the allegations against Southwest Airlines, the plaintiff in Lydon, alleges Fillmore Hospitality LLC, which manages hotels in several states, including Illinois, violated BIPA by collecting and then sharing its employees’ fingerprints for timekeeping purposes. The plaintiff filed his action as a class action, seeking to represent any individual in Illinois who has scanned their fingerprints for Fillmore’s biometric time clock. More »
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- A National Approach to Biometric Privacy
- Illinois Appellate Court Says the Learned Intermediary Doctrine Does Not Shield a Device Manufacturer from Liability When a Doctor is Deceived About a Device’s Prior Testing and Suitability
- Remote Jury Selection by Video Conferencing
- Illinois Appellate Court Eliminates Key Defense to BIPA Claims
- What is Amy Coney Barrett’s Record on Federal Preemption and What Does it Mean for Future SCOTUS Rulings in Drug and Medical Device Litigation?
- COVID Delivers Fraud to the Trucking Industry
- The Application of the Doctrine of Collateral Estoppel to Bar Legal Malpractice Claims Following Allegations of Ineffective Assistance of Counsel
- Prefabricated Construction Liability
- Seventh Circuit Recently Clarifies Article III Standing in BIPA Cases
- In Defense of Long-Term Care Facilities: Immunity, and What to do if There is Not Any
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