Date: 10-13-2022

Case Style:

Richard Rogers v. BNSF Railway Co.

Case Number: 1:19-cv-03083

Judge: Matthew F. Kennelly

Court: United States District Court for the Northern District of Illinois (Cook County)

Plaintiff's Attorney: United States Attorney’s Office

Defendant's Attorney: Elizabeth Brooke Herrington, Alborz Hassani, Alex David Berger, Andrew S. Tulumello, Benjamin Kabe, Clarie Lockerby Chapla, Gregory Thomas Fouts, Robert Brian Niles-Weed, Tinos Diamantatos, Tyler Zachary Zmick

Description: Chicago, Illinois personal injury lawyers represented Plaintiffs who sued Defendant claiming that it violated the Illinois Biometric Information Privacy Act (DIPA).

This case was initially filed in the Circuit Court, Cook County, Illinois, 2019-CH-04393.


Plaintiff Richard Rogers accuses BNSF of violating Section 15(b) of the Illinois Biometric Information Privacy Act (“BIPA”) in two ways. Plaintiff argues that BNSF violated Section 15(b) (1) directly by collecting, capturing, receiving through trade, or otherwise obtaining Plaintiff's biometric data, and/or (2) indirectly because BNSF is vicariously liable for the acts and omissions of non-party Remprex Inc. (“Remprex”). Plaintiff has now been fully heard on his claim. For numerous, independent reasons, there is not a “legally sufficient evidentiary basis” for the jury to find for Plaintiff, and the Court should grant JMOL against Plaintiff. Fed.R.Civ.P. 50(a). First, Plaintiff's claims are preempted by federal law. Second, Plaintiff's claim is time barred. Third, there is insufficient evidence to find that BNSF violated BIPA, either directly or vicariously through Remprex.

Outcome: 10/12/2022 223 MINUTE entry before the Honorable Matthew F. Kennelly: Jury trial held. Plaintiff's motion for reconsideration 220 and defendant's motion for judgment as matter of law 212 are both denied as to the reasons stated more fully on the record. Deliberations begin. Jury returns a verdict. The jury has found that the defendant committed 45,600 reckless or intentional violations of the Biometric Information Privacy Act. The Court therefore directs the Clerk to enter judgment in favor of the plaintiff class and against the defendants in the amount of $228,000,000. Class counsel are directed to file a written proposal for distribution by no later than 10/21/2022. The case is set for a telephonic status hearing on 10/26/2022 at 9:15 AM. The following call-in number will be used for the hearing: 888-684-8852, access code 746-1053. The Court also remains willing to re-initiate settlement discussions. Civil case terminated. Mailed notice. (mma, ) (Entered: 10/12/2022)

10/12/2022 224 JURY Verdict entered in favor of Plaintiff class and against BNSF Railway. (Mailed Notice) (RESTRICTED) (mma, ) (Entered: 10/12/2022)

Plaintiff's Experts:

Defendant's Experts:

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