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Approximately 200 plaintiffs have been identified in a class-action lawsuit alleging that four Class-1 railroads (BNSF Railway Company; CSX Transportation; Norfolk Southern Railway Company and Union Pacific Railroad) colluded to impose a “fuel surcharge” on customers that exceeded fuel costs and was in fact intended to generate additional income.
The U.S. District Court for the District of Columbia previously ruled on multi-district litigation in favor of the Plaintiffs. The ruling by Judge Paul L. Friedman denied a motion by the Defendants to exclude evidence of any discussion or agreement between or among rail carriers concerning interline movements and to enforce the statutory bar on inferring a conspiracy from specified evidence.” Allegations of collusion and lawsuits commenced in 2007 and have continued without resolution.
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