Federal laws don’t pre-empt BIPA against railroad

By Patricia Manson pmanson@lawbulletinmedia.com

Posted November 4, 2019 9:40 AM

A federal judge declined to throw out a proposed class-action lawsuit accusing a railroad of violating Illinois’ Biometric Privacy Act.In a written opinion last week, U.S. District Judge Matthew F. Kennelly rejected the argument that federal law pre-empts Richard Rogers’ claim against BNSF Railway Co.Rogers brought the claim under the Illinois law, but his suit is in federal court under diversity jurisdiction.Rogers is a truck driver who occasionally picks up or drops off loads at BNSF yards.He says he is …

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