Rosenstengel
EAST ST. LOUIS – U.S. District Judge Nancy Rosenstengel dismissed nine union members from a privacy invasion action against nursing homes on Dec. 14, leaving two plaintiffs to carry on.
She ruled that union members must resolve claims against homes in the Symphony Acute Care Network through collective bargaining agreements.
District courts of the Seventh Circuit “have consistently found that Biometric Information Privacy Act claims from unionized employees are preempted by federal law,” she wrote.
She also denied a motion to remand the action to St. Clair County.
John Driscoll filed it there in 2017, for Saroya Roberson.
Roberson claimed Sycamore Village, a Symphony network home in Swansea, failed to protect privacy of fingerprints she registered on its time clock.
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On December 10, 2020, the U.S. District Court for the Northern District of California held its Class Action Symposium. The symposium is as timely as ever. Food, beverage, and consumer product class actions are rocketing, with projected filings up 24 percent over 2019. The Northern District of California sees a substantial subset of these filings, earning it the nickname “the Food Court.”
The symposium featured distinguished speakers such as the Honorable Charles Breyer, Erwin Chemerinsky, and several of the nation’s leading class action litigators. In a matter of hours, the symposium packed in a variety of top-of-mind topics for practitioners: (1) guidance for class action settlements, (2) key developments in Ninth Circuit case law, and (3) predictions about class action cases at the Supreme Court.
Wednesday, December 16, 2020
It is becoming the data privacy version of paint by numbers: a plaintiff files a putative class action against their employer, alleging that the employer collected employees’ biometric information in violation of the Illinois Biometric Information Privacy Act (“BIPA”). Well, in the most recent permutation of the litany of BIPA litigations filed this year, a federal court held that claims under BIPA should not be remanded to state court and also that a complaint met federal pleading standards to withstand a motion to dismiss.
Roberson v. Maestro Consulting Servs. Llc, 2020 U.S. Dist. LEXIS 233868 (S.D. Ill. 2020).
Plaintiffs were employed by Defendants, a network of various nursing homes. To track Plaintiffs’ time and attendance, Defendants collected, and Plaintiffs scanned, fingerprints or handprints for time and attendance purposes. Plaintiffs filed suit in state court, asserting that Defendants’ practices violated BIPA.
PITTSBURGH – A federal judge has recused himself from a class action lawsuit from a pair of Pennsylvania residents against Chipotle Mexican Grill, which claimed that the chain restaurant fails to provide proper amounts of change to its customers in exchange for purchased food.
Megan Fox and Bridget McMahon of Allegheny County (on behalf of themselves and all others similarly situated) first filed suit in the Allegheny County Court of Common Pleas on Aug. 20 versus Chipotle Mexican Grill, Inc. (doing business as “Chipotle”) of Newport Beach, Calif.
“On Aug. 13, 2020, plaintiff Fox entered the Chipotle store in Wexford, Pennsylvania, ordered a steak burrito for $8.72 and tendered a $20 bill to the cashier. Consistent with what is believed to be defendant’s corporate policy, the defendant’s representative accepted the tender of $20, and handed Fox a receipt, her order and $11 change. The Chipotle receipt showed change due to Fox of $11.28, which was not the amount returned