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A fingerprint being scanned for security. Illinois' Biometric Information Privacy Act (BIPA) regulates the collection and usage of biometric data by private entities.

The Illinois Supreme Court has answered a long-awaited question regarding the Illinois Biometric Information Privacy Act (BIPA) and its interaction with the state’s workers compensation statute. In McDonald v. Symphony Bronzeville Park, LLC, the Supreme Court addressed a certified question from the Court of Appeals to determine whether the Worker’s Compensation exclusivity provisions bar an employee’s claims filed under BIPA. The Court distinguished those workplace injuries suffered that were subject to the exclusivity provision, reasoning that a BIPA violation “is not the type of injury that categorically fits within the purview of the Compensation Act and is thus not compensable under the Compensation Act.”

Continue reading The Illinois Biometric Information Privacy Act

A person receiving a COVID-19 vaccination. RDM's Brandon Powell discusses employer mandated vaccinations.

In a previous post on the RDM Knowledge Blog, we wrote about the legal authority of both federal and state governments to mandate vaccinations among its citizens. In the article, we surmised that although states would have the authority to require vaccines, the political climate rendered such a position unlikely. This has been largely borne out, as no state has made vaccinations compulsory among non-employees, even more than six months after the widespread availability of multiple vaccines and despite lagging vaccination numbers in many states.

Continue reading Can Employers Require COVID-19 Vaccinations?

The Missouri Supreme Court recently issued an opinion on non-economic damages caps.

The Missouri Supreme Court has issued an opinion that could greatly impact the trajectory of tort law in the state. On July 22nd, 2021, the Court upheld Missouri’s non-economic damages cap for medical negligence claims and further held that it does not violate the Missouri Constitution’s right to trial by jury for the legislature to abolish personal injury causes of action existing in common law and replace by statute the same type of claim with new standards.

Continue reading Non-Economic Damages Caps: A Creature of Statute

Missouri recently enacted legislation protecting businesses from COVID-19 liability.

As states across the country ease out of COVID-19 restrictions, many state legislatures are passing laws to protect businesses from COVID-19 liability. Various chambers of commerce and pro-business groups across the country have been proponents of such protections and have pushed their state legislatures to pass laws to protect businesses. So far 30 states have enacted statutes that provide businesses some type of shield against COVID-19 liability suits. 

Continue reading COVID-19 Liability Protections Signed Into Missouri Law

The Missouri Capitol. Missouri legislators recently amended laws pertaining to "065 agreements." Photo by Paul Sableman.

On June 29th, 2021, Missouri Governor Mike Parson signed into law SS HB 345, which will go into effect on August 28th. The law amends Missouri’s unique statutory law, predominantly viewed as favoring policy holders and plaintiffs’ attorneys seeking garnishments and third-party actions against insurance companies.  

Continue reading Missouri’s “065 Agreement” Statute Amended Again