BNSF Can't Scrap Race Bias Verdict, But $1.54M Award Is Cut

Law360 (August 22, 2019, 9:57 PM EDT) -- An Illinois federal judge on Thursday rejected BNSF Railway Co.'s attempt to overturn a jury's verdict finding the company fired an African-American conductor because of his race, but ruled the conductor must accept a reduction in his $1.54 million award or face a new trial on damages.

In Thursday's 28-page opinion, Judge Kennelly rejected BNSF's arguments that the jury's verdict should be tossed in favor of entering judgment for the railway or holding a new trial, finding that there was sufficient evidence of discrimination to uphold the jury's finding. The judge also rejected BNSF's argument that the jury wasn't given an...

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