Legal Opinion
Fayus Enterprises v. BNSF Railway Co.
Court of Appeals for the D.C. Circuit
Decided April 16, 2010No. 09-7023PublishedCited by 25 opinions
1Opinion of the Court
Opinion for the Court filed by Senior Circuit Judge WILLIAMS.
WILLIAMS, Senior Circuit Judge.
Plaintiff-appellants are firms that have indirectly purchased rail freight service from one or more of the defendant railroads. The traffic moves under railroad-shipper contracts that, pursuant to 49 U.S.C. § 10709, are generally not subject to challenge before the Surface Transportation Board (“STB” or “Board”). 1 Plaintiffs allege that since 2003 the railroads conspired to impose fuel surcharges on the freight in a way that raised the shipping rates above competitive levels. Plaintiffs seek a…
2Cases cited26 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- Skidmore v. Swift & Co.Supreme Court of the United States · 1944
- United States v. Mead Corp.Supreme Court of the United States · 2001
- Illinois Brick Co. v. IllinoisSupreme Court of the United States · 1977
- Wyeth v. LevineSupreme Court of the United States · 2009
21 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- Elam v. Kansas City Southern Railway Co.Court of Appeals for the Fifth Circuit · 2011
- Griffioen v. Cedar Rapids and Iowa City Railway Co.Court of Appeals for the Eighth Circuit · 2015
- Friends of Eel River v. North Coast Ry. Auth.California Supreme Court · 2017
- Rail Freight Fuel Surcharge Antitrust Litig. - MDL No. 1896 v. BNSF Ry. Co.Court of Appeals for the D.C. Circuit · 2019
- In Re RAIL FREIGHT FUEL SURCHARGE ANTITRUST LITIGATIONDistrict Court, District of Columbia · 2012
20 more not listed; retrieve them via the Exa API.