Higher Scrutiny Needed Before Class Cert., Freighters Say

Law360, Washington (October 15, 2013, 4:26 PM EDT) -- Rail freight companies embroiled in a class action accusing them of fixing the price of fuel surcharges told a Washington, D.C., federal judge Tuesday that the court must place a higher scrutiny on the class plaintiffs’ damages model in light of a D.C. Circuit remand reversing class certification in the case.

U.S. District Judge Paul L. Friedman applied a rigorous analysis in certifying the class last year, but the U.S. Supreme Court’s March decision in Comcast v. Behrend calls on him to further assess the plausibility...
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