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Actual Injuries

Foley Hoag LLP

Product Liability Update - January 2023

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MASSACHUSETTS - Massachusetts Federal Court Holds State Law Claims Alleging Misleading “Rapid Release” Labeling Of OTC Acetaminophen Tablets Preempted By Federal Food, Drug, And Cosmetic Act, As Tablets’ Dissolution Rate...more

BakerHostetler

DSIR Deeper Dive: Class Certification Jurisprudence

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Over the years, there have been very few class certification rulings in actions arising from data breach incidents. Of those that have been published, most have favored the defense....more

Hinshaw & Culbertson - Lawyers for the...

Illinois Supreme Court Applies Adverse Judgment Rule, Rejects Statute of Limitations Defense in Legal Malpractice Claim

The Illinois Supreme Court held that hiring new counsel and incurring legal fees did not, by itself, trigger the two-year statute of limitations to file a legal malpractice action (735 ILCS 5/13-214.3(b)) because plaintiffs...more

Searcy Denney Scarola Barnhart & Shipley

C.R. Bard, Inc. Faces First Bellwether Trial Over Hernia Mesh Injuries – Hernia Mesh Lawyer Explains

C.R. Bard, Inc. is one of many medical device companies involved in large nationwide litigation concerning defective hernia mesh products. C.R. Bard, Inc. faces more than 25,000 lawsuits in state and federal courts, with the...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – September 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies. This edition also highlights the recently updated 50...more

Hinshaw & Culbertson - Consumer Financial...

Consumer Law Hinsights – August 2020

Consumer Law Hinsights is a monthly compilation of nationwide consumer protection cases of interest to financial services and accounts receivable management companies, brought to you by Hinshaw & Culbertson LLP....more

Reveal

Why the Connection Between Biometric Data and eDiscovery Will Continue to Grow

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Everyone has been talking about the California Consumer Privacy Act (CCPA) lately, namely because the 2018 law became enforceable as of July 1, 2020. This law provides California consumers with a number of privacy-related...more

Faegre Drinker Biddle & Reath LLP

The Ship Has Sailed on Plaintiffs’ Efforts to Recover for Mere Fear of Contracting COVID-19

On February 21, 2020, the cruise ship Grand Princess embarked from San Francisco, headed to Hawaii. Among the ship’s 3,533 passengers and crew were 62 people who had been exposed to COVID-19 on the ship’s immediate prior trip...more

McGlinchey Stafford

Am I a party entitled to enforce a promissory note?

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Shareholder Derivative Lawsuit Aungst v. Light, 9th Dist. Summit No. 29349, 2020-Ohio-3347 In this appeal, the Ninth Appellate District affirmed the trial court’s decision, finding that when a shareholder’s derivative...more

Proskauer - Advertising Law

The Fun Did Stop for Pringles False Advertising Class Action

On January 31, 2020, Southern District of New York Judge Alvin Hellerstein denied Plaintiff Matthew Marotto’s motion for reconsideration of an order denying class certification in his lawsuit against Pringles potato chip...more

Womble Bond Dickinson

Eleventh Circuit to Rehear Arguments that Godiva Class Members Suffered No Concrete Injury

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Last week the Eleventh Circuit revealed that it would schedule an en banc rehearing of its prior approval of a $6.3M class action settlement in Price v. Godiva Chocolatier Inc., et al., case number 16-16486....more

Hudson Cook, LLP

States' Divergent Approaches to Unfair, Deceptive, and Abusive Acts and Practices Reveal Consumer Protection Priorities

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Until recently, legal principles surrounding unfairness, deception, and abusiveness have been defined primarily at the federal level, yet with perceived federal retrenchment from consumer protection, states have increasingly...more

Kelley Drye & Warren LLP

What To Do Next With Biometric Information in Illinois?

With the Illinois Supreme Court’s recent decision in Rosenbach v. Six Flags Entertainment Corp., the floodgates have opened for class actions in Illinois against businesses that collect biometric information from employees or...more

Blank Rome LLP

Biometric Data Risks Lawsuits

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In the summer of 2017, a supermarket chain owned by Kroger was hit with a putative class-action lawsuit for allegedly violating a law protecting individuals’ biometric data and information. Originally published in Industry...more

Saul Ewing LLP

Illinois Supreme Court Finds No Actual Injury is Required for Violation of Illinois Biometric Information Privacy Act

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Two significant decisions on the issue of standing to sue were handed down by the Illinois courts on January 25, 2019. Both of them offer significant assistance to the plaintiff’s class action bar by easing the requirements...more

Williams Mullen

Illinois Supreme Court Advances Individual’s Right to Relief from Misuse of Personal Information

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The extent to which individuals may seek relief due to the unauthorized use of their personal information is an important issue in the privacy community. The Supreme Court of Illinois recently added its voice to this debate...more

Kilpatrick

Keep Your Eye on Biometrics: Illinois High Court Waves Six Flags at Spokeo

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Attention all who collect fingerprints and other biometric information of Illinois residents: a private right of action is now available for a mere technical violation of the Illinois Biometric Information Privacy Act...more

Fox Rothschild LLP

Illinois Supreme Court Rules That Actual Damages Are Not Necessary Under The Illinois Biometric Information Privacy Act

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On January 25, 2019, the Illinois Supreme Court issued its long awaited opinion in Rosenbach v. Six Flags Entertainment Corp, ruling that the Illinois Biometric Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”) does not require an...more

Fisher Phillips

Illinois Supreme Court Ruling: Biometric Privacy Law Only Requires Violation, Not Actual Harm

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On January 25, 2019, the Illinois State Supreme Court ruled that the state’s Biometric Information Privacy Act (BIPA) only requires individuals to show violation of the law to bring suit. Businesses with a presence in...more

Bradley Arant Boult Cummings LLP

Illinois Supreme Court Adopts Expansive Interpretation of Standing under Illinois BIPA, Potentially Opening the Flood Gates for...

In a much-anticipated ruling, the Illinois Supreme Court recently held that allegations of actual injury are not required to seek damages under Illinois’ Biometric Information Privacy Act (BIPA or the Act). The case is...more

Saul Ewing LLP

Private Lawsuit May Move Forward Over Collection of Biometric Data

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On Friday, January 25, 2019, the Illinois Supreme Court sharpened the teeth of the Biometric Information Privacy Act (the “Act”). The Court ruled in favor of protecting the privacy of an individual’s biometric identifiers,...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Illinois Supreme Court Opens Floodgates for Biometric Lawsuits: Will the Business Community Lobby for Change?

The Illinois Supreme Court issued its long-awaited ruling in Rosenbach and reversed the appellate court’s decision that technical violations of the Illinois Biometric Information Privacy Act (“BIPA” or “Act”) without “some...more

Skadden, Arps, Slate, Meagher & Flom LLP

Privacy & Cybersecurity Update - January 2019

In this month's edition, we examine cybersecurity-related state Supreme Court rulings in Pennsylvania, Vermont and Illinois; the Department of Health and Human Services' cybersecurity guidelines for the health care industry;...more

Husch Blackwell LLP

No Actual Damages Required To Protect Privacy Rights Under Illinois Biometric Information Privacy Act

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On January 25, 2019, the Illinois Supreme Court released a unanimous decision holding that individuals do not need to plead or prove actual damages or harm to maintain a private right of action under the Illinois Biometric...more

Mintz - Privacy & Cybersecurity Viewpoints

No Harm, Still a Foul: Illinois Supreme Court Rules on the Collection of Biometric Data

Leaving its fingerprints all over the privacy debate, the Illinois Supreme Court handed down a ruling that will significantly impact litigation under the state’s unique Biometric Information Privacy Act (“BIPA” or “Act”),...more

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