In re: Rail Freight Fuel Surcharge Antitrust Litigation, No. 18-7010 (D.C. Cir. 2019)Annotate this Case
The DC Circuit affirmed the district court's denial of class certification in a putative class action of over 16,000 shippers allegedly harmed by a price-fixing conspiracy among the nation's largest freight railroads. The court held that the district court did not abuse its discretion by determining that 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. Therefore, common issues did not predominate where at least 2,037 individual determinations of injury and causation were needed. Furthermore, the district court did not abuse its discretion by holding that this analysis was essential to plaintiffs' case for certification.