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Rail fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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April 5 2012

Many businesses ship products by railroad all across the nation

STB rejects federal preemption in utility condemnation action

Thompson Hine LLP
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USA
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March 12 2012

On March 9, 2012, the Surface Transportation Board (STB) issued a decision regarding federal preemption and railroad operations when it found that a state law condemnation action by a public utility for an underground easement across railroad property was not preempted under federal law

STB requires release of four years of waybill data in Three-Benchmark rate proceedings

Thompson Hine LLP
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USA
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March 14 2012

On March 12, 2012, the Surface Transportation Board (STB or Board) issued a decision stating that it will release to the parties in a Three-Benchmark rate proceeding the most recent four years of the defendant carrier’s unmasked Carload Waybill Sample data

Court releases public opinion, sets scheduling conference in fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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July 17 2012

On July 13, 2012, the U.S. District Court for the District of Columbia issued the 145-page public version of its class certification opinion (Opinion) in In re Rail Freight Fuel Surcharge Antitrust Litigation

Court holds status conference in fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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August 10 2012

On August 9, 2012, the U.S. District Court for the District of Columbia held a status conference (hearing) in In re Rail Freight Fuel Surcharge Antitrust Litigation

Transportation update: court certifies class in rail freight fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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June 21 2012

On June 21, 2012, the United States District Court for the District of Columbia issued an order (Order) certifying a class action against the four major Class I railroads - BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation, Inc. and Norfolk Southern Railway Company - for recovery of damages suffered by shippers as a result of an alleged price-fixing conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C Â 1

Fuel surcharge appeal briefing scheduled

Thompson Hine LLP
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USA
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September 7 2012

As we reported on July 9, 2012, the four major Class I railroads - BNSF Railway Company, Union Pacific Railroad Company, CSX Transportation, Inc. and Norfolk Southern Railway Company - sought permission to appeal the United States District Court for the District of Columbia's June 21 order certifying a class action against the railroads for recovery of damages suffered by shippers as a result of an alleged price-fixing conspiracy in violation of Section 1 of the Sherman Act, 15 U.S.C. ?

Revised procedural schedules in fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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November 27 2012

In a November 26, 2012 decision, the United States Court of Appeals for the D.C. Circuit granted an unopposed motion to modify the procedural schedule in the railroads’ request for permission to appeal the decision by the District Court to certify the plaintiff class in the fuel surcharge antitrust litigation

STB issues decision on RailAmerica TIHPIH shipment rules

Thompson Hine LLP
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USA
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November 29 2012

On November 28, 2012, the Surface Transportation Board (STB) issued a decision addressing tariff rules applicable to Toxic-by-Inhalation (TIH) and Poisonous-by-Inhalation (PIH) traffic carried by certain railroad subsidiaries of RailAmerica, Inc

District court denies stay in railroad fuel surcharge antitrust litigation

Thompson Hine LLP
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USA
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September 21 2012

In a decision issued September 20, 2012, the United States District Court for the District of Columbia largely denied the railroad defendants' request for a stay of the fuel surcharge antitrust class action litigation

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