Union Pacific, BNSF Can’t Duck Oxbow's Price-Fixing Suit
Washington partners Jack Gerstein and Merril Hirsh, and New York partners Dan Anziska and Barry Brett were mentioned in a February 24 Law360 article about a federal judge denying Union Pacific Railroad Co. and BNSF Railway Co.’s bid to have a revived price-fixing suit brought against them by Oxbow Carbon & Minerals LLC dismissed.
According to the article, Oxbow and four other coal mining companies allege that Union Pacific and BNSF “colluded to gouge customers with arbitrary freight surcharges for fuel in violation of the Sherman Act, [which] … result[ed] in $1 billion in surcharges paid by Oxbow to Union Pacific.” The judge stated that Oxbow’s claims “make a plausible suggestion of conspiracy at this stage of the case.”
Oxbow is represented by Jack, Merril, Dan and Barry.