Susan Lorenc, Drew Moore, James Shreve and Ryan Gehbauer authored an article for the Illinois State Bar Association’s Labor & Employment Law News titled, "BIPA Litigation Update: Cothron’s Impact and Employer BIPA Defense Affirmed," published in the July edition.
In the article, the Thompson Coburn team discussed the mixed results in the Illinois Supreme Court's recent rulings on BIPA claims. In Cothron v. White Castle System, the court expanded BIPA liability by ruling that each biometric scan is a separate violation, potentially increasing liabilities for employers. This led to a surge in BIPA filings. In Walton v. Roosevelt University, the court upheld a union agreement that preempted BIPA claims from proceeding in state court. These rulings have significant implications for employers facing BIPA claims.
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