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The ceiling of Kansas City's Union Station. Photo by Flickr user Luca Sartoni.

Legislation RDM’s Knowledge Blog Archives

The Illinois Supreme Court, where the Cothron v. White Castle class action lawsuit over BIPA claims was reviewed in 2023.

By The RDM Team
 · April 10th, 2023

Last Fall, an Illinois Court saw the first class action lawsuit brought under the Illinois Biometric Information Privacy Act, an Illinois statute that 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 Cothron v. White Castle: Another Blow to BIPA Defendants

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

By The RDM Team
 · December 13th, 2022

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.

By The RDM Team
 · November 2nd, 2022

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.

By The RDM Team
 · September 26th, 2022

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