Law360 Among Those Reporting on Key Ruling in Shook BIPA Case Win

Employers may gain a better understanding of which court to resolve disputes under the Illinois Biometric Privacy Act (BIPA). Law360, along with Bloomberg Law, Reuters and Cook County Record reported on a ruling by the U.S. Court of Appeals for the Seventh Circuit in the case Fox v. Dakkota Integrated Systems that “a specific form of harm” should be heard in federal courts, not state courts.

The ruling in November is a key clarification from a previous ruling in Bryant v Compass Group USA Inc. last May. In this latest case, Shook client Dakkota Integrated Systems, LLC removed the case to federal court, and the district court judge dismissed two of Plaintiff Fox’s three causes of action as preempted by the Labor Management Relations Act. The third claim, the district court held sua sponte, lacked Article III standing based on the Bryant ruling. Fox, who was plaintiff and a former employee, alleged in state court the company violated BIPA by collecting, retaining and disclosing her handprint in the use of its timekeeping technology. The Seventh Circuit ruled that the district court “made a mistake” when it remanded Fox’s 15(a) Section of BIPA claim.

Shook Of Counsel Erin Bolan Hines, who represents Dakkota, is quoted in Law360’s article, “7th Circ. Further Clarifies Standing of Biometric Privacy Suits,” on how the ruling could affect other BIPA cases.

“Standing to bring BIPA claims has been hotly contested in many BIPA cases,” Hines said, “and we are pleased we were able to obtain this victory for both our client and other BIPA defendants.”

Shook Partners Melissa Siebert and Matt Wolfe also represented Dakkota. Siebert leads Shook’s Biometric Privacy Task Force. 

The case is Fox v. Dakkota Integrated Systems, No. 20-2782 (U.S. Court of Appeals for the Seventh Circuit, November 17, 2020).