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Sky Chef Biometrics

Sky Chefs defeats biometric privacy claims

August 2020

Client(s) Deutsche Lufthansa AG

Jones Day secured dismissal for Sky Chefs, Inc. of class claims brought under the Illinois' Biometric Information Privacy Act (“BIPA”) and common law. Plaintiff asserted a violation of BIPA and claims of negligence based on Sky Chefs' alleged acquisition and use of employees' fingerprints for timekeeping. The Court agreed that the Railway Labor Act (“RLA”) preempts the former driver's claims that the airline caterer violated BIPA. In so holding, the Court first sided with Sky Chefs in holding the RLA applies, and then agreed that Plaintiff's BIPA and common law claims required interpretation of the Collective Bargaining Agreement, such that the RLA preempted these claims and deprived the Court of subject-matter jurisdiction.

Frisby v. Sky Chefs, Inc., No. 19-cv-7989 (N.D. Ill.)

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