Indirect Buyers' Claims Slashed In Rail Freight MDL

Law360, New York (January 5, 2009, 12:00 AM EST) -- Indirect purchasers of railroad shipping services will not be able to pursue claims for monetary damages in a price-fixing suit brought against the four largest U.S. railroads over fuel surcharges, though the judge overseeing the multidistrict litigation left intact a federal antitrust claim.

Judge Paul L. Friedman ruled Wednesday in U.S. District Court for the District of Columbia that the putative class of indirect purchasers’ claims for damages, brought under state laws, were preempted by the Interstate Commerce Commission Termination Act of 1995.

However, the claim...
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