Novel Antitrust Ruling in Freight Rail Case Set for Early Appeal

June 16, 2021, 5:23 PM

Top U.S. freight railroads facing fuel price-fixing claims got a green light from a federal judge in Washington for an immediate appeal of his novel ruling rejecting their reading of a law that makes certain discussions among rail lines inadmissible as antitrust evidence.

Judge Paul L. Friedman certified the issue for an interlocutory appeal, acknowledging that “another reasonable jurist might disagree, at least in certain respects,” with his February decision for the U.S. District Court for the District of Columbia, where he’s overseeing one of two related multidistrict cases.

The lawsuits target CSX Transportation Inc., Norfolk Southern Railway Co. ...

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