Jurisdiction Can Be A Key Tool For BIPA Class Action Defense

Law360 (February 18, 2021, 5:55 PM EST) -- Following the Illinois Supreme Court's seminal decision in Rosenbach v. Six Flags Entertainment Corp.[1] in early 2019, the Illinois Biometric Information Privacy Act has rapidly developed into a formidable class action battleground — with a tsunami of bet-the-company BIPA suits that has continued apace into 2021.

While filings have continued to flood the courts, at the same time a number of defendant-friendly opinions have been issued on a range of key BIPA issues and defenses. Several of those decisions have helped define the contours of the personal jurisdiction defense, which has quickly emerged as a key tool for defending BIPA claims....

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