In this Consumer Counterpoint Quick Take, Seyfarth Shaw partners Kristine Argentine and Paul Yovanic analyze a recent Seventh Circuit decision on interlocutory appeal under the Illinois Biometric Information Privacy Act. The court held that the 2024 amendments limiting recovery to a single violation per scan apply retroactively to cases filed before the statutory changes.
Damages
SCOTUS Opines on Article III Standing — More than a Statutory Violation is Needed
Seyfarth Synopsis: On March 20, 2019, in Frank, et al. v. Gaos, No. 17-961, 2019 WL 1264582 (U.S. Mar. 20, 2019), the U.S. Supreme Court held that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S.Ct. 1540 (2016), will not be undermined. The ruling is important…
Article III Standing to Remain a Rigorous Federal Court Impediment for Plaintiffs who Allege Damages Limited to Technical Statutory Violations
Seyfarth Synopsis: On November 6, 2018, the United States Supreme Court signalled that the Article III standing preconditions to federal court litigation, as described in Spokeo, Inc. v. Robins, 136 S .Ct. 1540 (2016), are not likely to be diminished any time soon. The Court did so by requesting supplemental briefing on the application of…
Supreme Court to Weigh in on Trial By Formula
Today, the U.S. Supreme Court agreed to hear an appeal challenging an almost $6 million judgment awarded in a class action case against Tyson Foods, Inc. See Bouaphakeo, et al. v. Tyson Foods, Inc., No, 12-3753 (8th Cir. 2014).
The Court will decide (1) whether, in a class or collective action, liability and damages may…