RAILROADS (RATES & CLASS CERTIFICATION) / U.S. Circuit Court of Appeals for the D.C. Circuit overturned the decision of the U.S. District Court for the District of Columbia that had granted class certification that could involve as many as 30,000 shippers (Journal of Commerce estimate) in a lawsuit against CSX Transportation, BNSF, Union Pacific Railroad, and the Norfolk Southern Railroad to recover damages on what plaintiffs contend was a price-fixing conspiracy relating to rate-based fuel surcharges on rail shipments on the four defendant railroads.

In a unanimous opinion by for the three-judge panel by Judge Janice Rogers Brown, the court sent the litigation back to the district court with instructions to reconsider the class certification issue in light of the U.S. Supreme Court precedent of Comcast v. Behrens.

In re: Rail Freight Fuel Surcharge Antitrust Litigation, No. 12-7085 (U.S. Court of Appeals for the D.C. Circuit, August 9, 2013). Copy of court-provided opinion available here.