BNSF Loses Appeal Bid in Biometric Privacy Ruling

By Celeste Bott (June 21, 2022, 8:34 PM EDT) — 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.

On summary judgment, BNSF argued lead plaintiff Richard Rogers should have filed an Illinois Biometric Information Privacy Act lawsuit against a third-party vendor collecting the biometric information instead. But U.S. District Judge Matthew Kennelly held in March that it appeared the railroad ultimately called the shots on whether and how biometric information was collected…

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