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IN RE: RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATION - MDL 1869

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Case overview

Case Number:

1:07-mc-00489

Court:

District Of Columbia

Nature of Suit:

Anti-Trust

Multi Party Litigation:

Class Action

Judge:

Beryl A. Howell

Firms

Companies

Government Agencies

Sectors & Industries:

  1. March 06, 2026

    Scholars Back Rail Cos. Against Fuel Surcharge Suit Revival

    Academics and former U.S. antitrust officials have backed Union Pacific, CSX, Norfolk Southern and BNSF against rail shippers asking the D.C. Circuit to revive their suit alleging collusion on freight fuel surcharges, arguing there was nothing collusive about the response to jumps in oil prices in the 2000s.

  2. December 15, 2025

    DC Circ. Urged To Revive Rail Fuel Surcharge Collusion Suit

    Rail shippers painted a story of different judges reaching opposite conclusions on the same evidence in an attempt to convince the D.C. Circuit to revive their lawsuit accusing Union Pacific, CSX, Norfolk Southern and BNSF of colluding on freight fuel surcharges.

  3. June 24, 2025

    Rail Fuel Surcharge MDL Tossed In Sealed Opinion

    Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Corp. and BNSF Railway Co. scored a decisive win Tuesday against roughly 18 years of price-fixing litigation accusing the country's four largest railroad companies of colluding on freight fuel surcharges, in a sealed opinion issued in D.C. federal court.

  4. March 05, 2024

    Rail Giants Get Some Docs Kept Out Of Fuel Surcharge MDL

    A D.C. federal judge has kept more than two dozen key documents out of a long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme while permitting at least portions of over a dozen others that didn't qualify for an exclusion afforded discussions about shared traffic.

  5. September 26, 2022

    BNSF Railway's GC To Take Over From Retiring Legal Chief

    BNSF Railway Co. has announced it is promoting Jill Mulligan to executive vice president and chief legal officer effective Jan. 1, when CLO Roger Nober retires after 16 years in the job.

  6. May 17, 2022

    DC Circ. Puts Burden On Rail Cos. To Exclude Antitrust Docs

    A D.C. Circuit panel on Tuesday upheld the bulk of a lower court ruling that required some discussions between rail carriers about interline shipping to be included as evidence in a long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme.

  7. March 07, 2022

    DC Circ. Wary Of Judge 'Adding Language' To Evidence Law

    A D.C. Circuit judge expressed "great worry" in oral arguments Monday that a district court "added language to the statute" governing evidentiary exclusion that could make or break long-running multidistrict litigation accusing the country's four largest railroad companies of a fuel surcharge price-fixing scheme.

  8. October 21, 2021

    Rail Cos. Want Their Conversations Left Out Of Fuel Plot Trial

    The four largest U.S. railroad companies have urged the D.C. Circuit to exclude core evidence in long-running multidistrict litigation alleging a fuel surcharge price-fixing scheme, arguing that a federal judge imposed his own, too-restrictive view on what evidence should be excluded.

  9. August 23, 2021

    DC Circ. Expedites Rail Cos. Appeal In Price-Fixing MDL

    The D.C. Circuit agreed to fast-track the country's four rail giants' appeal of a lower court order rejecting their bid to exclude the bulk of the evidence in long-running multidistrict litigation alleging a fuel surcharge price-fixing scheme.

  10. June 16, 2021

    Rail Cos. Can Appeal Discovery Order In Price-Fixing Case

    Rail giants can immediately appeal an order refusing their bid to exclude evidence in multidistrict litigation accusing them of a fuel surcharge price-fixing scheme after a D.C. federal judge found that the ruling's implications are significant enough to affect the trajectory of the litigation.