Discovery Order Means No 'De Facto' Immunity For Rail Cos.

Law360 (February 19, 2021, 10:56 PM EST) -- A D.C. federal judge refused Friday to exclude evidence comprising the backbone of long-running private multidistrict litigation accusing the country's four rail giants of scheming to fix fuel surcharge prices, an exclusion the U.S. Department of Justice had argued would amount to inoculation from the allegations.

U.S. District Judge  Paul L. Friedman found Section 10706 of the U.S. Code is much more limited than what Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co. and BNSF Railway Co. had argued in trying to block at least some of the evidence being used by shippers.

The law, created in 1980,...

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