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US: Rail cos scramble to decertify class in major case

By  |  May 6, 2013

Facing thousands of businesses, four of the nation’s largest freight rail companies are now looking to have an antitrust suit decertified as a class action case. The companies were sued in 2007 by various customers of the companies for what they deemed was “aggressive” fuel surcharges on the rail companies’ services. But according to the companies, class certification, which was granted last summer, will force the companies to settle unfairly. Court papers suggest damages could reach into the billions of dollars. The defendant’s representation, Carter Phillips of Sidley Austin, contested the class certification last Friday, arguing it clashes with a ruling by the Supreme Court given earlier this year concerning class certification, Comcast Corp. v. Behrend.

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