Food Giant Says BIPA Suit Barred By Ill. Labor Law

Law360 (October 6, 2020, 6:13 PM EDT) — Rich Products Corp. is urging an Illinois federal judge to throw out allegations it violated the state’s biometric privacy law, saying the claims are preempted by the state workers’ compensation statute despite a recent appellate court ruling that rejected that argument.

Rich Products says the Illinois Workers’ Compensation Act preempts ex-employee James Nosal’s claims for statutory damages under the Illinois Biometric Information Privacy Act, even though an Illinois appellate panel held in McDonald v. Symphony Bronzeville Park LLC last month that BIPA claims and worker injury claims are distinguishable.

It said the rulings of “inferior state courts” are never binding on a federal court sitting…

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