Rail Shippers Denied Cert. In Fuel Surcharge Antitrust Row

Law360, New York (October 11, 2017, 3:07 PM EDT) -- A group of rail shippers lost their bid for class certification in long-running multidistrict litigation accusing railroad giants of conspiring to fix fuel surcharges after a D.C. federal judge ruled Tuesday that there were still some individualized issues and the plaintiffs’ model for calculating damages was flawed.

U.S. District Judge Paul Friedman said the rail shippers cannot proceed as a class in their bid to recover damages in an antitrust case accusing the country’s four-largest railroads — BNSF Railway Co., Union Pacific Railroad Co., CSX Transportation...
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