Skip to content
The Missouri Capitol in Jefferson City. The state legislature passed statutes reforming punitive damage awards in 2020.

The Missouri legislature passed Mo. Rev. Stat. § 510.261 in 2020. The statute aimed to limit the frequency and sum of punitive awards. In advance of this aim, Mo. Rev. Stat. § 510.261.5 states that “[n]o initial pleading in a civil action shall contain a punitive damage award.” The section goes on to establish that the trial court must serve as a gatekeeper, granting plaintiffs leave of court to plead punitive damages only after a plaintiff shows “a reasonable basis for recovery of punitive damages” through “affidavits, exhibits, or discovery materials.”

Continue reading Checking In on Punitive Damage Reform in Missouri

A biometric scan. Illinois' Biometric Information Privacy Act (BIPA) may allow for many claims against employers using biometric data.

Earlier this year, RDM member Nate Lindsey wrote about the ins and outs of the Illinois Biometric Information Privacy Act (BIPA). Enacted in 2008, BIPA allows individuals to make a claim against private entities that collect biometric data without first creating a publicly available policy on the data’s retention and destruction, obtaining the individual’s consent, and using reasonable care to protect the information gathered.

Continue reading More BIPA Litigation Likely in Illinois

The Illinois State Capitol Building in Springfield, IL. Legislators recently approved a bill providing for prejudgment interest. Photo by Daniel X. O'Neil.

On May 28, 2021, Illinois Governor J.B. Pritzker signed into law Senate Bill 0072, which established the first pre-judgment interest regime in the state. The Amendment applies only to personal injury and wrongful death actions and imposes a 6% pre-judgment interest on future damage awards. The interest accrues from the date of filing. It does not apply to all such cases, though; the Amendment provides defendants the opportunity to set off the pre-judgment interest through speedy settlement negotiations.

Continue reading Illinois Pre-Judgment Interest Statute Encourages Early Settlement

The United States Supreme Court.

In October 2020, RDM member attorney Dyanna Ballou wrote an article about jurisdiction stripping, a doctrine that allows Congress to remove jurisdiction from federal courts, including the Supreme Court. In light of recent Supreme Court rulings on abortion, gun control, and climate change regulations, Dyanna takes a fresh look at the concept of jurisdiction stripping below.

Continue reading Another Look at Jurisdiction Stripping, the Supreme Court, and Politics

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