February 18, 2021

Stuck in Concrete: 7th Circuit Chisels Hole in Class Action Fairness Act

Business litigation partners Jeff Jacobson and Justin Kay authored an article for the Chicago Daily Law Bulletin titled “Stuck in concrete: 7th Circuit chisels hole in Class Action Fairness Act.” In it, they explain how the decision in Thornley v. Clearview AI, Inc., may lead to more class actions staying in state court.

In the article, the authors describe how the 7th U.S. Circuit Court of Appeals sent an Illinois Biometric Information Privacy Act claim back to state court and then later denied reconsideration. They also state that future litigants might do well to ask courts to consider Congress’s judgment in passing CAFA when deciding their ability to hear class action cases like Thornley.

The full article is available for Chicago Daily Law Bulletin subscribers.

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