BNSF’s $228 Million BIPA Judgment in Play After ‘White Castle’

A Chicago judge’s decision on whether to amend a $228 million judgment against BNSF Railway Co. will provide a first glimpse into how courts will interpret an Illinois Supreme Court decision opening the door to enormous damages awards for violations of the state’s Biometric Information Privacy Act.

Plaintiffs in Rogers v. BNSF Railway Co. have argued in post-trial motions that the judgment was far too low given the state high court’s February ruling in Cothron v. White Castle Sys. Inc. that a violation occurred each time a worker’s fingerprint was scanned.

Judge Matthew Kennelly of the US District Court for ...