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Westlaw News

Plaintiffs’ own statistics derail class cert in fuel-surcharge case v. BNSF, CSX, others

A long-running lawsuit over railroad surcharges cannot proceed as a class action because the plaintiffs’ own statistical model indicated that nearly 13 percent of them had suffered no harm, a federal appeals court held on Friday.

The U.S. Court of Appeals for the District of Columbia Circuit affirmed a 2017 ruling by a lower-court judge, who declined to certify a potential class of 16,000 companies that accuse BNSF Railway, CSX Transportation, Norfolk Southern Railway Co and Union Pacific of conspiring to fix prices between 2003 and 2008.

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