United States DC Circuit
Fayus Enters. v. BNSF Rwy. Co., 09-7023
In an antitrust action alleging that since 2003 defendant-railroads conspired to impose fuel surcharges on the freight in a way that raised the shipping rates above competitive levels, the dismissal of plaintiffs' state law claims is affirmed where 49 U.S.C. section 10501(b)'s exclusivity provisions applied to the contract traffic in question and thus plaintiffs' claims were preempted.
Appellate Information
- Argued 02/09/2010
- Decided 04/16/2010
- Published 04/16/2010
Judges
- Before ROGERS and TATEL, Circuit Judges, and WILLIAMS, Senior Circuit Judge.
Court
- United States DC Circuit
Counsel
- For Appellant:
- Christopher Lovell argued the cause for appellants. With him on the briefs were Gary E. Mason, Jared B. Stamell, and Richard J. Schager, Jr.
- For Appellees:
- Alan M. Wiseman argued the cause for appellees. With him on the brief were Thomas A. Isaacson, Peter A. Barile III, Tyrone R. Childress, David G. Meyer, John M. Nannes, Tara L. Reinhart, Saul P. Morgenstern, Richard J. Favretto, Robert M. Jenkins III, Gary A. Winters, Richard McMillan Jr., Kent Alan Gardiner, and Kathryn D. Kirmayer. Linda S. Stein entered an appearance.