The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation)

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On August 16, 2019, the United States Court of Appeals for the District of Columbia Circuit affirmed the denial of class certification in In re Rail Freight Fuel Surcharge Antitrust Litigation. With the plaintiffs’ economic model showing no damages for over 2,000 members of the proposed 16,000-member class, the court concluded that common issues did not predominate over the individualized inquiries necessary to determine injury and causation for the class. Therefore, the court held it was within the district court’s discretion to reject class certification for failing to satisfy the requirement of predominance under the applicable federal rule. [1] Background The Rail Freight plaintiffs were a group of rail shippers, suing “the four largest freight railroads in the United States.”

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William B. Michael, Craig A. Benson, Joseph J. Bial, Jacqueline P. Rubin, Justin Anderson, Aidan Synnott, The US Court of Appeals for the DC Circuit affirms the denial of class certification for failing to satisfy the requirement for predominance (In re Rail Freight Fuel Surcharge Antitrust Litigation), 16 August 2019, e-Competitions August 2019, Art. N° 96888

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