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Statute of Limitations › IL Supreme Court

Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period... more +
Statute of Limitations refers to a statute that sets the time period during which a legal claim can be brought. Most statute of limitations laws require individuals to sue at some point during a set period usually commencing from the date of the wrong or injury or the discovery of the wrong or injury. Except for under a limited set of circumstances, if an individual does not file a suit within the specified time period, the law bars them from ever suing on that claim. less -
Foley & Lardner LLP

Illinois Reins in Astronomical Damages Under Biometric Privacy Law

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Illinois employers will no longer face astronomical damages — into the millions or even hundreds of millions of dollars at issue in recent class action lawsuits — for violations of the Biometric Information Protection Act...more

King & Spalding

Illinois BIPA Reform Takes Effect

King & Spalding on

The long-awaited amendment provides immediate relief to corporate defendants from business-destroying liability - On August 2, 2024, Senate Bill 2979 went into effect limiting available damages under Illinois’ Biometric...more

ArentFox Schiff

Class Action Year in Review: Biometric Privacy

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2023 was another eventful year for class action litigation under the Illinois Biometric Information Privacy Act (BIPA). The Illinois Supreme Court issued two long-awaited decisions, holding that BIPA claims are subject to a...more

Seyfarth Shaw LLP

Privacy In Focus: BIPA’s Current Landscape and the Crucial Role of Statutory Exemptions

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Throughout much of 2023, businesses found themselves in a challenging position as they continued to grapple with defending against Illinois Biometric Information Privacy (BIPA) class action lawsuits. The year began on a...more

WilmerHale

Year In Review: 2023 BIPA Litigation Takeaways

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This post is part of a series of articles we are doing on 2023 data protection litigation trends. Since its enactment in 2008, Illinois’s Biometric Information Privacy Act (BIPA) has produced a wave of privacy-related...more

Farella Braun + Martel LLP

BIPA Liability: Existing CGL Coverage May Provide a Lifeline for Policyholders

Farella Braun + Martel LLP on

Developments in the law have increased the potential liability that companies could face under the Illinois Biometric Information Privacy Act (BIPA), but fortunately for policyholders, Illinois case law has also solidified...more

Troutman Pepper

Illinois Court Eliminates Another BIPA Defense

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This summer, the U.S. District Court for the Southern District of Illinois further bolstered Illinois’ Biometric Information Privacy Act’s (BIPA) nearly unfettered private right of action in Lewis v. Maverick Transportation....more

Constangy, Brooks, Smith & Prophete, LLP

Illinois Supreme Court clarifies Biometric Information Privacy Act

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The Illinois Biometric Information Privacy Act, enacted in 2008, was designed to provide individuals with control over their biometric information and to establish standards for collection. The Illinois Supreme Court has...more

Shook, Hardy & Bacon L.L.P.

BIPA After Tims and White Castle: Now What?

Shook, Hardy & Bacon L.L.P. on

As you likely heard, in two recent rulings, the Illinois Supreme Court finally addressed important statute-of-limitations issues. In Tims v. Black Horse Carriers, the Supreme Court ruled that a five-year statute of...more

Husch Blackwell LLP

Massive Changes to Illinois BIPA Cases—Claims Now Accrue Per Scan Going Back As Far As Five Years

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On February 2, 2023, the Illinois Supreme Court ruled in Tims et al. v. Black Horse Carriers, Inc. that all cases filed pursuant to the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of...more

Eversheds Sutherland (US) LLP

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

Eversheds Sutherland (US) LLP on

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

Saul Ewing LLP

Illinois Supreme Court Sets Five-Year Statute of Limitations for Claims Under BIPA

Saul Ewing LLP on

On February 2, 2023, the Illinois Supreme Court weighed in and answered a question that had previously remained uncertain and hotly contested in recent years: how long is the statute of limitations for claims under the...more

ArentFox Schiff

Illinois Supreme Court Holds That Every Unlawful Biometric Scan or Transmission is Separate BIPA Claim

ArentFox Schiff on

A split Illinois Supreme Court issued on Friday another long-awaited decision interpreting the Illinois Biometric Information Privacy Act (BIPA), holding that a separate BIPA violation occurs with each undisclosed and...more

Foley & Lardner LLP

BIPA Alert: Potential Billion Dollar Exposure for Companies Operating in Illinois under New Illinois Biometric Data Rulings

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In just the last two weeks, the Illinois Supreme Court dealt two significant blows would be defendants (i.e., employers and consumer-facing companies) under Illinois’ exacting Biometric Information Protection Act (BIPA). The...more

Epstein Becker & Green

Illinois Supreme Court Holds That Five Year Statute of Limitations Applies to All BIPA Claims

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On February 2, 2023, the Illinois Supreme Court filed an opinion in Jorome Tims v. Black Horse Carriers, Inc., holding that Illinois’ Biometric Information Privacy Act (BIPA) is subject to a single, five-year statute of...more

WilmerHale

Illinois Supreme Court Finds 5-Year Limitations Period for Biometric Information Privacy Act Claims

WilmerHale on

On February 2, 2023, the Illinois Supreme Court held in a unanimous opinion that individuals have five years after an alleged violation to bring claims under the state’s Biometric Information Privacy Act (BIPA). This ruling...more

Sheppard Mullin Richter & Hampton LLP

Illinois High Court Allows Biometric Privacy Claims to Go Back Five Years

Sheppard Mullin Richter & Hampton LLP on

A plaintiff has her fingerprints forever. But she doesn’t have forever to file a lawsuit for improper retention, deletion, collection, or use of her fingerprints. For years, Illinois courts have been perplexed on what statute...more

Laner Muchin, Ltd.

Illinois Supreme Court Rules a Five-Year Statute of Limitations Applies to BIPA Claims

Laner Muchin, Ltd. on

On February 2, 2023, the Illinois Supreme Court issued a long awaited ruling on Jorome Tims et al. v. Black Horse Carriers, Inc., No. 127801, a class action lawsuit alleging violation of the Illinois Biometric Information...more

Polsinelli

Biometric Claims Subject to Five-Year Statute of Limitations Under Illinois BIPA

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The Supreme Court of Illinois recently resolved an outstanding and hotly debated question – claims brought under the Illinois Biometric Information and Privacy Act (BIPA) are subject to a five-year statute of limitations. The...more

Cozen O'Connor

Biometrics Update: Class Plaintiffs Have 5 Years to Bring Claims Under Illinois’s BIPA

Cozen O'Connor on

On February 2, 2023, the Supreme Court of Illinois ruled that the state’s Biometric Information Privacy Act (BIPA or the Act) is subject to a five-year “catch-all” statute of limitations. In so ruling, the court settled a...more

ArentFox Schiff

Illinois Supreme Court: All BIPA Claims Subject to Five-Year Statute of Limitations

ArentFox Schiff on

In a long-awaited development, on February 2, 2023, the Illinois Supreme Court held that all claims under the Illinois Biometric Information Privacy Act (BIPA) are subject to a five-year statute of limitations. In Tims v....more

Proskauer - Law and the Workplace

Ill. Supreme Court: All BIPA Claims Have a Five-Year Statute of Limitations

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On February 2, 2023, the Illinois Supreme Court reversed in part the decision of an Illinois Appellate Court and held that all claims brought pursuant to Section 15 of the Illinois Biometric Information Privacy Act (“BIPA”),...more

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

Illinois Supreme Court Rules Privacy Act Claims Have Five Year Statute of Limitations

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On February 2, 2023, the Supreme Court of the State of Illinois ruled that all claims under Section 15 of the state’s Biometric Information Privacy Act (Privacy Act or BIPA) have a five year statute of limitations. The...more

Jenner & Block

Client Alert: Illinois Supreme Court Holds That BIPA Has a Five-Year Statute of Limitations

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In an opinion issued yesterday in Tims et al. v. Black Horse Carriers, Inc., the Illinois Supreme Court answered a long-unresolved question concerning the statute of limitations for claims under Illinois’s Biometric...more

BCLP

Illinois Supreme Court expands biometric privacy stakes

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Individuals now have five years to initiate claims after the Illinois Supreme Court expanded the BIPA stakes by ruling that the Illinois Biometric Privacy Act is not subject to Illinois’ one-year statute of limitations for...more

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