Illinois Supreme Court Decides That 5-Year Statue Of Limitation Applies To All Claims Under The Illinois Biometric Information Privacy Act

Today, the Illinois Supreme Court issued its much-anticipated decision in Tims v. Black Horse Carriers, which determined whether the one-year or five-year statute of limitation applies to claims filed under the Illinois Biometric Privacy Act. In the landmark decision (found here), the Court veered from the Illinois Appellate Court’s splicing of limitations and claims and decided that the “catch-all” five-year statute of limitation applies to all BIPA claims.
Background
The Tims lawsuit has been pending since March […]

By | February 12th, 2023 ||

ADA Title III Federal Lawsuits Numbers Are Down But Likely To Rebound In 2023

eyfarth Synopsis: The number of ADA Title III lawsuits filed in federal court dropped by 24 percent, the lowest since 2017, and California is no longer the epicenter.

ADA Title III case filings in federal court had been on a sharp upward trajectory since we started compiling these statistics in 2013. That year, there were only 2,722 lawsuits nationwide. Eight years later, in 2021, there were 11,452 such lawsuits. In-between, year over year increases ranged […]

By | February 9th, 2023 ||

Walmart’s Fudge Mint Class Action Permanently Dismissed

On August 23, an Illinois federal judge dismissed a putative class action lawsuit against Walmart over its fudge mint cookies (subscription to Law360 required). The plaintiff Eugene DeMaso claimed that the product label was misleading because the cookies did not contain fudge made from dairy fats or actual mint leaves. However, U.S. District Judge Charles R. Norgle held that the label was not misleading because no consumer expects the fudge to be made with dairy fats, or […]

By | August 9th, 2022 ||