Biometric Litigation Looms Large

A massive class action award for plaintiffs in a BIPA case this past October is likely to encourage even more claims

In the wake of a $228 million jury ver­dict rendered in the Northern District of Illinois in October 2022, companies should expect the wave of litigation under the state’s Biometric Informa­tion Privacy Act to continue through­out 2023, according to Chicago-based Crowell & Moring partner Jason Stiehl.

While there have been dozens of big BIPA settlements reported since 2019, the massive class action award in Rogers v. BNSF Railway Co. marks the first time such a dispute has gone to a jury. The de­cisive plaintiffs’ victory will likely encour­age even more claims, says Stiehl.

Read the complete article in the Litigation Forecast 2023.