Rogers v. BNSF Railway Company

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Case overview

Case Number:

1:19-cv-03083

Court:

Illinois Northern

Nature of Suit:

360 P.I.: Other

Multi Party Litigation:

Class Action

Judge:

Honorable Matthew F. Kennelly

Firms

Companies

Sectors & Industries:

  1. October 04, 2022

    BNSF Can't Blame Vendor For BIPA Violations, Jury Told

    BNSF Railway can't avoid liability in the first case under Illinois' landmark biometric privacy law to go to trial by pointing to the vendor it hired to scan truck drivers' fingerprints, because the railroad was ultimately calling the shots, an Illinois federal jury heard Tuesday.

  2. October 03, 2022

    Landmark Ill. Privacy Law Faces First Jury Test

    The torrent of litigation unleashed by Illinois' biometric privacy statute is finally making its way in front of a jury this week, nearly 15 years after the law's passage, in a case Illinois attorneys say they'll be watching closely for novel rulings and potentially colossal damages.

  3. September 26, 2022

    BNSF Can't Ditch Vicarious Liability Theory In BIPA Trial

    An Illinois federal judge on Monday refused to exclude evidence, testimony, or arguments suggesting that BNSF Railway can be held liable under the state's biometric privacy law for actions of third parties at trial next month, saying the law's language is broad enough to encompass entities hiring someone else to obtain biometric data on its behalf.

  4. June 21, 2022

    BNSF Loses Appeal Bid in Biometric Privacy Ruling

    An Illinois federal judge refused Tuesday to certify an interlocutory appeal of his ruling denying BNSF Railway Co. summary judgment in a putative class action alleging it violated Illinois' biometric privacy law, saying the railroad mischaracterized his ruling and waited too long to move for appellate review.

  5. April 28, 2022

    BNSF Says Biometric Privacy Ruling Risks Its Security Plan

    BNSF Railway has urged an Illinois federal judge to allow the Seventh Circuit to address the legal question of whether a company can be held vicariously liable under Illinois' biometric privacy law for when an external security contractor collects biometric information, saying a recent ruling puts its nationwide security plan at risk.

  6. March 22, 2022

    44K Truck Drivers Get Class Status In BNSF Privacy Suit

    An Illinois federal judge on Tuesday certified a class of more than 44,000 truck drivers who claim BNSF Railway violated their biometric privacy rights by requiring them to scan their fingerprints to gain access to its Illinois rail yards without first obtaining their informed consent.

  7. March 16, 2022

    Truck Driver's Biometric Suit Against BNSF Isn't Preempted

    An Illinois federal judge ruled Tuesday that BNSF Railway can't escape a proposed biometric privacy class action by pointing to federal laws governing railroad transportation, saying they don't preempt a truck driver's claims that BNSF scanned his fingerprint without informed consent at its rail yards.

  8. December 07, 2021

    Ill. Judge Pauses BNSF BIPA Suit Pending 7th Circ. Ruling

    An Illinois federal judge on Tuesday granted BNSF Railway's request to pause a proposed biometric privacy class action it's facing until the Seventh Circuit issues a decision in an appeal that could potentially answer the question of when claims accrue under the state's Biometric Information Privacy Act.

  9. August 25, 2021

    BNSF Can't Keep Biometric Schedule Claim In Federal Court

    An Illinois federal judge on Wednesday sent back to state court a truck driver's claim that BNSF unlawfully failed to publicize its biometric data retention schedule for rail yard visitors, severing it from the rest of a proposed class action over the railway's biometric data practices.

  10. August 20, 2021

    BNSF Says Truck Driver Can't Ship BIPA Claims To State Court

    BNSF urged an Illinois federal judge not to send to state court a truck driver's claims that it unlawfully failed to publicize its biometric data retention schedule for rail yard visitors, arguing that the driver's claims properly establish federal court standing.