Derailed BIPA suit settles in wake of call for damages trial

Cotter’s Corner

By Daniel A. Cotter

Daniel A. Cotter is a partner at Howard & Howard Attorneys PLLC and author of the book “The Chief Justices” (Twelve Tables Press). The views expressed here are solely those of the author. He can be reached at scotuslyyours@gmail.com.

Posted September 25, 2023 11:07 AM

In 2022, a federal jury awarded $228 million to a class of truck drivers after finding that BNSF Railway Company had collected the drivers’ fingerprints without consent, in violation of the Illinois Biometric Information Privacy Act. The case was then remanded for damages. It now appears to be settled.The remandIn June of this year, U.S. District Judge Matthew Kennelly of the Northern District of Illinois granted a new trial on damages only. The decision was based in large part on the Illinois Supreme Court’s decision in …

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