News & Analysis as of

IL Supreme Court Attorney's Fees

Proskauer - Minding Your Business

Factors in Fee-Shifting for Prevailing Defendants

Statutes permitting discretionary attorney fee-shifting for prevailing defendants vary in the circumstances under which fee-shifting is permitted. Two recent cases tackling the question of why and when a lawsuit warrants...more

Eversheds Sutherland (US) LLP

From bad to worse: Two Illinois Supreme Court decisions expand scope of potential damages under Biometric Information Privacy Act

For several years, companies that collect, use, and store the biometric information of Illinois residents have lived in fear of violating the Biometric Information Privacy Act (BIPA), due to a tidal wave of class action...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

Sheppard Mullin Richter & Hampton LLP

Illinois Imposes New Restrictions on Non-Competes and Non-Solicits

Illinois recently passed legislation amending the Freedom to Work Act (the “Act”), following a growing trend of states imposing greater restrictions on employers’ use and enforcement of non-competition and non-solicitation...more

Jackson Lewis P.C.

Does the Workers’ Compensation Act Bar BIPA Claims? Illinois Supreme Court Will Weigh In

Jackson Lewis P.C. on

The Illinois Supreme Court recently agreed to hear an appeal of an Appellate Court’s decision addressing whether an employee’s claim for damages under Illinois’s Biometric Information Protection Act is preempted by the...more

Ballard Spahr LLP

Facebook BIPA Class Settlement Receives Preliminary Approval

Ballard Spahr LLP on

On August 19, 2020, the United States District Court for the Northern District of California granted preliminary approval of the class action settlement in In re Facebook Biometric Information Privacy Litigation,...more

Seyfarth Shaw LLP

Mooting Monster Class Actions: Illinois Supreme Court Decision Provides Framework For Employers

Seyfarth Shaw LLP on

Seyfarth Synopsis:  The Illinois Supreme Court recently affirmed a state appellate court’s holding that in class action lawsuits, an effective tender made before a named plaintiff files a class certification motion satisfies...more

Robinson+Cole Class Actions Insider

Tendering Full Relief to Moot a Class Action: It’s Still Possible in Illinois

When a business is sued in a proposed class action and there is only a small amount at stake on the named plaintiff’s claim, often one of the first thoughts that comes to mind is: can’t we just pay the full value of the named...more

Hinshaw & Culbertson LLP

Pro Se Lawyers Can Recover Attorneys' Fees Under Illinois Supreme Court Rule 137

Hinshaw & Culbertson LLP on

McCarthy v. Taylor, 2019 IL 123622 - Brief Summary - In a case of first impression, the Illinois Supreme Court held that a court is authorized under Illinois Supreme Court Rule 137(a) to impose sanctions in the form of...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

Sheppard Mullin Richter & Hampton LLP

Actual Injury Unnecessary to Sue Under Illinois Biometric Law

The Illinois Supreme Court recently handed down its much-anticipated decision in Rosenbach v. Six Flags Entertainment Corporation et al., clarifying what makes someone “aggrieved” and able to bring a claim under the Illinois...more

Proskauer - Law and the Workplace

Illinois Supreme Court To Decide Scope of BIPA

On November 20, 2018, the Illinois Supreme Court heard oral argument on whether a company’s technical violation of the Illinois Biometric Information Privacy Act (“BIPA”) is sufficient to confer standing or whether a...more

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