Christina Lamoureux of Squire Patton Boggs writes:
In its latest filing in Thornley v. Clearview AI, No. 20-3249, defendant Clearview AI petitioned the Seventh Circuit to stay the issuance of its mandate in the litigation because it plans to file a petition for writ of certiorari with the Supreme Court. The Seventh Circuit has not yet issued its mandate following its decision earlier this month to deny rehearing of its decision affirming that Plaintiffs’ putative class action brought under Illinois’ Biometric Information Privacy Act (“BIPA”) should be heard in state court, rather than federal court.
While Clearview has not yet filed its petition for certiorari, its filing with the Seventh Circuit gives a preview of the question it will ask the Supreme Court to clarify: whether, under Spokeo, Inc. v. Robins, 136 S. Ct. 1540 (2016), an allegation of a statutory violation necessarily gives rise to a concrete and particularized injury-in-fact that is necessary for Article III standing.
Read more on The National Law Review.