Legal Opinion

Rail Freight Fuel Surcharge Antitrust Litig. - MDL No. 1896 v. BNSF Ry. Co.

Court of Appeals for the D.C. Circuit

Decided August 16, 2019No. 18-7010PublishedCited by 32 opinions

1Opinion of the Court

Katsas, Circuit Judge:

This case involves a putative class of over 16,000 shippers allegedly harmed by a price-fixing conspiracy among the nation's largest freight railroads. The district court denied class certification because the plaintiffs' regression analysis-their evidence for proving causation, injury, and damages on a class-wide basis-measured negative damages for over 2,000 members of the proposed class. Based on that consideration, we affirm.

I

This appeal arises out of eighteen antitrust actions consolidated by the Multidistrict Litigation Panel. The defendants are the four largest…

2Cases cited15 opinions

  1. Daubert v. Merrell Dow Pharmaceuticals, Inc.Supreme Court of the United States · 1993
  2. Wal-Mart Stores, Inc. v. DukesSupreme Court of the United States · 2011
  3. Coopers & Lybrand v. LivesaySupreme Court of the United States · 1978
  4. Comcast Corp. v. BehrendSupreme Court of the United States · 2013
  5. Tyson Foods, Inc. v. BouaphakeoSupreme Court of the United States · 2016

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3Cited by32 opinions

  1. Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLCCourt of Appeals for the Ninth Circuit · 2022
  2. Olean Wholesale Grocery Co-Op v. Bumble Bee Foods LLCCourt of Appeals for the Ninth Circuit · 2021
  3. In re: Rail Freight Fuel Surcharge Antitrust LitigationCourt of Appeals for the D.C. Circuit · 2022
  4. Laboratory Corp. of America Holdings v. DavisSupreme Court of the United States · 2025
  5. Arkona, LLC v. Cheboygan, County ofDistrict Court, E.D. Michigan · 2025

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