Former Delta unit cannot dodge BIPA claims from former workers

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By Celeste Bott (October 12, 2021, 8:54 p.m. EDT) – An Illinois federal judge on Monday refused to dismiss a class action lawsuit proposed by a former employee accusing an airport baggage handling company of violating the Illinois Biometric Information Protection Act, asserting that the claims were not preempted by federal aviation law or state workers compensation law.

United States District Judge Matthew Kennelly dismissed the argument of Delta Air Lines Inc.’s former subsidiary, DAL Global Services LLC, that the prosecution of a former porter under the Airline Act Illinois biometric privacy was overruled by the Airline Deregulation Act, which prohibits states from enacting or enforcing any law that “pertains to” the services of an airline.

Former employee Eric Nseumen claimed …

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