Credit: Rudzhan/Adobe Stock Will Giving Federal Jury BIPA Reins Mean Larger Damages, More Litigation?
An Illinois federal court has allowed a jury discretion to decide damages in a BIPA case for the first time. For attorneys, this further complicates the contentious statute.
July 13, 2023 at 05:51 PM
5 minute read
The first case under Illinois' Biometric Information Privacy Act (BIPA) to go before a jury, Rogers v. BNSF Railway in the U.S. District Court for the Northern District of Illinois, saw a major amendment nearly eight months after its September 2022 verdict. On June 30, the judge vacated the initial $228 million award, and, more significantly, allowed jury discretion to decide damages in the new trial.
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