Authors: Christopher J. DeGroff, Andrew L. Scroggins, Samantha Brooks, James P. Nasiri and Ridhima Bhalla
Seyfarth Synopsis: Following a handful of sluggish years in terms of EEOC litigation activity, the Commission returned to form by filing 144 merit lawsuits in Fiscal Year 2023. Given that the EEOC finally secured its Democratic majority and had a
Continue Reading EEOC Case Filings Plummet: A Look at the EEOC’s Surprisingly Sluggish FY 2024
By Kristina Launey and Ashley Jenkins
Seyfarth Synopsis: Ninth Circuit paves the way for nationwide class action concerning the accessibility of healthcare check-in kiosks for individuals who are blind.
On February 8, 2024, the U.S. Court of Appeals for the Ninth Circuit approved a federal trial court’s certification of two classes of plaintiffs to proceed against LabCorp regarding the
Continue Reading Ninth Circuit Green Lights Kiosk Accessibility Class Action
By Danielle Kays and James Nasiri
Seyfarth Synopsis: On October 17, 2022, the U.S. District Court for the Western District of Washington granted Microsoft’s motion for summary judgment on the plaintiffs’ unique class action claims in a case entitled Vance v. Microsoft Corp. The plaintiffs, and Illinois residents, uploaded several pictures of themselves to popular photo-sharing site Flickr, which then
Continue Reading Washington Federal Court Awards Important BIPA WinBy Danielle Kays and James Nasiri
Seyfarth Synopsis: Earlier this week, Seyfarth’s Employment Law Lookout team posted a blog discussing the status of the first ever jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action (Rogers v. BNSF Railway Co.). Today, the jury–in just over an hour of deliberation–entered verdict for the plaintiff. This means that the
Continue Reading UPDATE: Jury Quickly Finds Railway Company Liable in First Ever BIPA TrialBy Jennifer A. Riley, Alex W. Karasik, and Tyler Z. Zmick
Seyfarth Synopsis: In Sosa v. Onfido, Inc., No. 20-CV-4247, 2022 U.S. Dist. LEXIS 74672 (N.D. Ill. Apr. 25, 2022), the Court issued the latest plaintiff-friendly decision under the Illinois Biometric Information Privacy Act (“BIPA”), putting businesses and employers on notice that the statute can apply to photographs
Continue Reading Picture This: Illinois Federal Court Holds That BIPA Applies To Photographs
Seyfarth Synopsis: The Seventh Circuit Court of Appeals last week affirmed a district court’s denial of class certification of a state overtime claim on numerosity grounds, reasoning that the touchstone for that element is whether joinder of putative class members is practicable, and a factor to consider is how easily the plaintiff could contact those
By Latoya R. Laing, Thomas E. Ahlering, and Erin Dougherty Foley
Seyfarth Synopsis: Following an opinion by the Illinois Supreme Court, the 9th Circuit will discuss the Illinois Biometric Privacy Act issue — whether the Act requires class plaintiffs to show that they suffered actual harm in order to seek statutory damages and injunctive relief. A
Continue Reading Clarity on the Illinois Biometric Privacy Act, The Supreme Court Weighs In
By Andrew H. Perellis, Alex W. Karasik, and Patrick D. Joyce
Seyfarth Synopsis: In a toxic tort class action stemming from automotive and dry cleaning facilities’ alleged contamination of groundwater near Dayton, Ohio, the Sixth Circuit affirmed an Ohio federal district court’s grant to certify seven common issues for classwide treatment under Rule 23(c)(4). Shortly thereafter, the four
Continue Reading Sixth Circuit Holds Class Certification on Issues is Appropriate in Toxic Tort Action
By: Noah A. Finkel, David S. Baffa, Daniel C. Whang, and Andrew L. Scroggins
Seyfarth Synopsis: In one of the most significant employment cases in memory, a sharply divided United States Supreme Court held today that employers may require employees, as a condition of employment, to enter into arbitration agreements that contain waivers of the ability to
Continue Reading A Class Waiver Can Be A Condition of Employment
By Gerald L. Maatman, Jr. and Thomas E. Ahlering
Seyfarth Synopsis: As the number of class action lawsuits alleging violations of the Illinois Information Biometric Privacy Act (“BIPA”) has exploded in the last six months, defendants have been eagerly awaiting guidance from an Illinois appellate court regarding what a Plaintiff must allege in order to have a viable right of
Continue Reading Illinois’ BIPA statute – Finally Some Good News for Employers