Rail Cos. Call Discovery Order 'Prime Candidate' For Appeal

Law360 (March 8, 2021, 11:09 PM EST) -- The country's four rail giants have urged a D.C. federal judge to let them immediately appeal his refusal to exclude the bulk of the evidence in long-running multidistrict litigation alleging a fuel surcharge price-fixing scheme, arguing the decision affects the health of "the entire railroad industry."

U.S. District Judge  Paul L. Friedman's February decision did more than just find that Section 10706 of the U.S. Code, which shields railroads' conversations about interline shipping, is much more limited than what Union Pacific Railroad Co., CSX Transportation Inc., Norfolk Southern Railway Co. and BNSF Railway Co. had argued.

The rail giants said Friday...

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