BNSF Deal Suggests More Privacy Cases Going to Trial in Illinois

A landmark federal settlement resolving an Illinois Biometric Information Privacy Act case could lead to more companies taking their cases to trial, lawyers said.

The settlement cut the initial penalty in the Northern District of Illinois case, Rogers v. BNSF Railway Co., by two-thirds. Lawyers also said a proposed bill in the Illinois legislature lowering the ceiling on plaintiffs’ awards could steer defendants away from settlement offers and toward the courtroom. And the possibility courts could begin assessing unsuccessful plaintiffs with defense costs could have the ...