BNSF Railway Co. could face an increase in damages if its request for a new trial is granted, a federal judge warned Friday, in a case that awarded $228 million related to violations of an Illinois biometric privacy statute.
The $228 million award must be reconsidered, Weil, Gotshal & Manges LLP partner and BNSF lawyer Andrew Tulumello said, because a landmark Illinois Supreme Court ruling decided five months after the BNSF trial ended, Cothron v. White Castle System Inc., materially changed the way these awards are calculated.
Tulumello said the Cothron decision could allow a jury to consider factors ...
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