Cothron v. White Castle

U.S. Court of Appeals for the Eleventh Circuit


Date: March 10, 2023

The RLC filed a brief (joined by the Restaurant Law Center & NRF) reprising its prior arguments in support of the defendant’s petition for rehearing after SCoIL decided in this case that employer liability under the state’s Biometric Information Privacy Act (BIPA) could accrue on a ‘per-scan’ basis. The brief was drafted by Meredith Slawe of Skadden.


Date: March 3, 2022 

The RLC, joined by the Restaurant Law Center & NRF, filed a brief after the Seventh Circuit certified the issue to the Illinois Supreme Court. The brief urges the court to recognize that BIPA’s plain meaning and legislative history would indicate transgressions should not multiply but only accrue on an initial transgression.  To rule otherwise would yield absurd outcomes for businesses who would be required to pay astronomical and likely unconstitutional damages. The brief was prepared by Meredith Slawe of Cozen O’Connor. 


Court: US Court of Appeals for the Seventh Circuit 

Date: April 5, 2021 

Issue: Do section 15(b) and 15(d) claims accrue each time a private entity scans a person's biometric identifier and each time a private entity transmits such a scan to a third party, respectively, or only upon the first scan and first transmission? 

RLC’s Position: The RLC, along with the Restaurant Law Center, filed a brief challenging the district court’s interpretation of the Illinois Biometric Information Privacy Act (BIPA). The court held that each biometric scan is a violation of the statute subject to the statutory damages provision. The RLC’s brief explains that the district court’s interpretation of BIPA renders the law unduly punitive and in conflict with the statute’s intent (enhanced compliance). If the decision is allowed to stand, it will inhibit the development and use of innovative technology that would otherwise promote security and efficiency. 

Status: Pending 
Other Amici: Restaurant Law Center 
Counsel: Meredith Slawe, Mike McTigue & Team of Cozen O’Connor, an RLC Premier Law Firm Member 

Relevant RLC Brief(s): 
7th Cir. Brief (4/5/21)
Initial Il. Supreme Court Brief (3/3/2022)
Il. Supreme Court Rehearing Brief (3/10/2023)

Related Documents: 
Il. Supreme Court Decision (2/17/2023)  

Please use the DOWNLOAD button below to access the RLC's Latest Brief.


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