How Railroads Dodged A Bullet In Fuel Surcharge Case

Law360 (September 4, 2019, 3:15 PM EDT) -- On Aug. 16, the U.S. Court of Appeals for the D.C. Circuit issued a decision affirming the U.S. District Court for the District of Columbia’s 2017 denial of class certification in a case alleging that the four largest U.S. railroads — BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation Inc. and Norfolk Southern Railway Company — conspired to set fuel surcharges in violation of the Sherman Antitrust Act.

The appeals court’s decision has two key consequences. First, it reinforces for the Class I railroad defendants that they are no longer facing a class action lawsuit, which is notable especially because...

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