Freight Rail Giants Protest Class Cert. In Price-Fixing MDL

Law360, New York (July 5, 2012, 11:28 PM EDT) -- The four largest U.S. freight railroad companies on Thursday asked the D.C. Circuit to nix the certification of a class of direct purchasers who allege the companies fixed shipping prices, saying the certification puts pressure on the railroads to settle meritless claims.

In a brief filed in the D.C. Circuit, the railroads — Union Pacific Railroad Co., BNSF Railway Co., CSX Transportation Inc. and Norfolk Southern Railway Co. — said the district court overseeing the multidistrict litigation erred in certifying a class that contains many uninjured...
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