What the Cothron v. White Castle Ruling Means for Future BIPA Claims

The BIPA Radar: A Lewis Brisbois Podcast

In Episode 5 of The BIPA Radar, Josh and Mary discuss the Illinois Supreme Court's recent opinions in Cothron v. White Castle Systems, which held that a separate claim accrues under BIPA each and every time a private entity collects or discloses a biometric identifier or information. They also dive into Tims v. Black Horse Carriers, which held that a 5 year statute of limitations applies to all sections of BIPA. This timely conversation highlights the court's reasoning behind its decisions and, critically, its rejection of arguments made by White Castle and numerous business groups that filed amicus briefs in support of a single-accrual interpretation, including an argument that imposing liability on Illinois businesses for hundreds or thousands of statutory violations – in which no harm occurred – could potentially result in punitive and astronomical damages awards to the tune of billions of dollars. Lewis Brisbois established the country’s first dedicated BIPA practice, and Josh and Mary, who have been on the cutting edge of BIPA litigation defense, guide our listeners through these significant opinions.