7th Circ. Won't Revive Canadian Pacific's Rail Rental Deal Suit

Law360 (July 15, 2020, 10:11 PM EDT) -- A Seventh Circuit panel affirmed a lower court's dismissal of Canadian Pacific Railway's state-law corporate wrongdoing claims against two rival rail companies, finding Wednesday the claims are preempted by a federal railroad oversight law.

Canadian Pacific claimed CSX and Norfolk Southern demanded that Chicago switch carrier Indiana Harbor Belt Railroad pay an "exorbitant" rental rate of about $5 million a year to use their tracks which violated the trackage rights agreement and caused losses to Indiana Harbor's shareholders.

As a minority shareholder in Indiana Harbor, Canadian Pacific had argued it should be able to pursue allegations of corporate misconduct by CSX and...

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