Legal Opinion

In Re Rail Freight Fuel Surcharge Antitrust Litigation

District Court, District of Columbia

Decided December 31, 2008No. MDL Docket No. 1869. Misc. No. 07-489(PLF)PublishedCited by 20 opinions

1Opinion of the Court

OPINION

PAUL L. FRIEDMAN, District Judge.

This matter is before the Court on defendants’ motion to dismiss for failure to state a claim upon which relief can be granted and for lack of subject matter jurisdiction under Rules 12(b)(6) and 12(b)(1) of the Federal Rules of Civil Procedure. 1 The Court has carefully considered the arguments made by the parties in their papers and the oral arguments presented by counsel in open court on October 10, 2008. The Court has concluded that the indirect purchaser plaintiffs’ state law claims are preempted by federal law and must be dismissed. The Court has…

2Cases cited44 opinions

  1. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  2. Erickson v. PardusSupreme Court of the United States · 2007
  3. Conley v. GibsonSupreme Court of the United States · 1957
  4. Lujan v. Defenders of WildlifeSupreme Court of the United States · 1992
  5. Kokkonen v. Guardian Life Insurance Co. of AmericaSupreme Court of the United States · 1994

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3Cited by20 opinions

  1. United States v. All Assets Held at Bank Julius Baer & Co.District Court, District of Columbia · 2011
  2. In re Libor-Based Financial Instruments Antitrust LitigationDistrict Court, S.D. New York · 2013
  3. Rail Freight Fuel Surcharge Antitrust Litig. - MDL No. 1896 v. BNSF Ry. Co.Court of Appeals for the D.C. Circuit · 2019
  4. In Re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATIONDistrict Court, District of Columbia · 2012
  5. Fayus Enterprises v. BNSF Railway Co.Court of Appeals for the D.C. Circuit · 2010

15 more not listed; retrieve them via the Exa API.

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