A monumental victory for the Swinomish Indian Tribe was announced this spring when a judge in the Western District of Washington ordered BNSF Railway Company to pay nearly $400 million in profits damages to the Swinomish...more
Waters No Less Rocky After Landmark BIPA Settlement - A year and a half has passed since one of the most remarkable jury verdicts in Illinois history. The Rogers v. BNSF case was the first Illinois Biometric Information...more
The U.S. District Court of the Northern District of Illinois vacated a $228 million damages award in Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act (“BIPA”)....more
On June 30, 2023 the Northern District of Illinois vacated the $228 million damages award previously entered in the first jury trial arising under Illinois’ Biometric Information Privacy Act (BIPA), and ordered a new jury...more
Two recent court decisions in the high-profile White Castle and BNSF Illinois Biometric Information Privacy Act (BIPA) matters have created additional uncertainty about damages in BIPA matters, likely driving up settlement...more
In a landmark decision, U.S. District Judge Matthew Kennelly vacated a $228 million damages award in Richard Rogers v. BNSF Railway Co., the first case tried to a verdict under the Illinois Biometric Information Privacy Act...more
The Illinois Biometric Privacy Act (BIPA) provides that a prevailing party “may” recover liquidated damages for a violation of the statute. Addressing the potential for “annihilative liability” in White Castle, the Illinois...more
BNSF Railway, previously hit with a $228 million jury award for violating the Illinois Biometric Information Privacy Act (BIPA) when collecting fingerprints of employees, was recently awarded a new trial to determine damages....more
Court: Court of Appeals of Tennessee, At Jackson - Plaintiff Annie Dowdy is a former employee of defendant BNSF Railway Company. She filed suit against BNSF under the Federal Employers’ Liability Act (“FELA”), alleging...more
Effective development and deployment of innovative technology is often a key differentiator among providers of transportation and logistics-related services. Of course, innovation can also create certain risks that must be...more
The Illinois Biometric Information Privacy Act, 740 ILCS 14/1 through 14/99, was enacted in 2008 to manage the promise of biometric technology for Illinois residents. BIPA seeks to encourage the development and use of...more
The Illinois Biometric Information Privacy Act (BIPA) has been on the books as one of the nation’s most protective biometric privacy statutes since 2008. It was also one of the first to give individuals a cause of action for...more
Seyfarth Synopsis: BNSF Railway seeks a new trial following the verdict against it in the first ever jury verdict in an Illinois Biometric Information Privacy Act (“BIPA”) class action. BNSF contends that the verdict, which...more
The judgement, which came down last week, exemplifies the risk of biometric information collection in Illinois and the risk that can result from relying solely on third party vendors. On October 12, 2022, a jury found...more
The first jury verdict to address violations under Illinois’ Biometric Information Privacy Act (BIPA) resulted in a $2.28 million judgment against BNSF Railway. The case involved a class of more than 40,000 truck drivers who...more
Last week, the first jury trial under the Illinois Biometric Privacy Act (BIPA) resulted in a $228 million verdict in favor of the plaintiff and the class. The case, Rogers v. BNSF Railway Co., was filed in May 2019 and was...more
A federal district court in the Northern District of Illinois conducted the first-ever jury trial in an Illinois Biometric Information Privacy Act (“BIPA”) case. On October 12, 2022, the jury returned a verdict for the...more
Seyfarth Synopsis: Last week, the first jury trial of an Illinois Biometric Information Privacy Act (“BIPA”) class action case began in the U.S. District Court for the Northern District of Illinois in a case entitled Rogers...more
Seyfarth Synopsis: In EEOC v. BNSF Railway Co., Case No. 8:21-CV-369 (D. Neb. April 28, 2022), Judge Brian C. Buescher of the U.S. District Court for the District of Nebraska denied the EEOC’s request for a temporary...more
On March 15, 2022, the U.S. District Court for the Northern District of Illinois held in the case of Rogers v. BNSF Railway Company, No. 19-C-3083, 2022 WL 787955 (N.D. Ill. Mar. 15, 2022) (slip copy) that the Federal Railway...more
In Husch Blackwell’s July 2021 Trade Law Newsletter, you’ll learn about the following updates in international trade and supply chain law: •The Dynamic of the Chassis Quandary in Ocean Shipping in the U.S. •The Ocean...more
Federal Rule of Civil Procedure 26(a)(2) requires retained expert witnesses to provide an expert report which gives “a complete statement of all opinions the witness will express and the basis and reasons for them.” Fed. R....more
Federal authorities are prepping to “reprimand Citigroup Inc. for failing to improve its risk-management systems—an expansive set of technology and procedures designed to detect problematic transactions, risky trades and...more
Funds — through their portfolio companies — may have a significant antitrust opportunity against the major U.S. railroad companies. ...more
The Montana Supreme Court (“Court”) in a March 11th Opinion addressed issues arising out of asbestos bodily injury claims against BNSF Railway Co. (“BNSF”). See BNSF Railway Co. v. Eddy, 2020 WL 1164045 (Mont. 2020). The...more