Bloomberg Law
Sept. 14, 2021, 5:32 PM

Seventh Circuit White Castle Privacy Case Certification Debated

Jake Holland
Jake Holland
Reporter

An attorney for White Castle restaurants urged the Seventh Circuit to rule on claim accrual in a closely watched Illinois biometric privacy case rather than certifying the question to the state Supreme Court.

The question should be handled by the U.S. Court of Appeals for the Seventh Circuit because certification is only appropriate in instances of “genuine uncertainty,” argued Melissa Siebert, a partner at Shook Hardy & Bacon LLP who represents defendant White Castle System Inc., during oral argument.

Certification of the question to the Illinois Supreme Court would ensure “consistency and finality” and allow the state court system ...

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