But Kennelly said damages under the biometric law were discretionary, and so "BNSF is entitled to have a jury determine the appropriate amount of damages."
The trial was the first to be held under the Illinois biometric privacy law, which is among the most stringent nationwide in protecting sensitive personal information.
The jury in Chicago last year concluded BNSF "recklessly or intentionally" violated the Illinois biometric privacy law 45,600 times.
Lawyers for BNSF said in a post-trial brief that the Illinois biometric law contains the word "may" and that "there is the option not to award damages, or to award damages in any amount less than the statutory maximum."
The case is Rogers v. BNSF Railway Company, U.S. District Court, Northern District of Illinois, No.
Persons:
Berkshire Hathaway, Matthew Kennelly, Kennelly, Warren Buffett's Berkshire Hathaway, Jon Loevy, Myles McGuire, David Gerbie, Elizabeth Herrington, Lewis, Bockius Read, Mike Scarcella, Leigh Jones, Matthew Lewis
Organizations:
Law, BNSF, Berkshire, BNSF Railway, District, Facebook, Rogers, . BNSF Railway Company, Court, Northern District of, McGuire Law, Thomson, & $
Locations:
U.S, Illinois, Fort Worth , Texas, Chicago, Northern District, Northern District of Illinois, Morgan