Railroads Antitrust Ruling Shows Comcast Dissent's Limits

By Melissa Lipman (August 12, 2013, 8:09 PM EDT) -- In the first antitrust appellate decision to apply the U.S. Supreme Court's recent Comcast decision, the D.C. Circuit held Friday that the justices required district courts to dig into the evidence before certifying a class action, undercutting plaintiffs' efforts to use the Comcast dissent to limit the landmark ruling's scope.

A three-judge panel overturned class certification in a case accusing the major railroad freight companies of conspiring to raise freight shipping rates, ruling the shippers' expert damages report included too many "false positives," or shippers who weren't actually damaged by the alleged plot because they had contracts that locked in their...

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