No. 24-591

CSX Transportation, Inc. v. Norfolk Southern Railway Company, et al.

Lower Court: Fourth Circuit
Docketed: 2024-12-02
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: antitrust-violation continuing-violation monopoly sherman-act statute-of-limitations trade-restraint
Key Terms:
Antitrust CriminalProcedure JusticiabilityDoctri
Latest Conference: 2025-04-17 (distributed 2 times)
Question Presented (AI Summary)

Whether the continuation of a Sherman Act violation retriggers the statute of limitations when the violation causes injury within the limitations period

Question Presented (OCR Extract)

QUESTION PRESENTED This Court has held that the Clayton Act statute of limitations permits recovery of damages for injuries arising from “conduct which constituted a continuing violation of the Sherman Act and which inflicted continuing and accumulating harm on” the plaintiff, even if the conduct began outside the limitations period. Hanover Shoe, Inc. v. United Shoe Mach. Corp., 392 U.S. 481, 502 n.15 (1968). In this case, defendants initiated a monopoly and conspiracy to restrain trade outside the period but continued those violations into that period, when the unlawful conduct injured plaintiff. The question presented is whether the continuation of a Sherman Act violation retriggers the statute of limitations when the violation causes injury within the limitations period.

Docket Entries

2025-04-21
Petition DENIED.
2025-04-01
DISTRIBUTED for Conference of 4/17/2025.
2025-03-31
Reply of CSX Transportation, Inc. submitted.
2025-03-31
2025-03-17
Brief of respondent Norfolk Southern Railway Co. in opposition filed.
2025-01-22
Motion to extend the time to file a response is granted and the time is extended to and including March 17, 2025, for all respondents.
2025-01-21
Motion of Norfolk Southern Railway Co. for an extension of time submitted.
2025-01-21
Motion to extend the time to file a response from February 13, 2025 to March 17, 2025, submitted to The Clerk.
2025-01-14
Response Requested. (Due February 13, 2025)
2025-01-08
DISTRIBUTED for Conference of 1/24/2025.
2025-01-02
Waiver of Norfolk and Portsmouth Belt Line Railroad Company of right to respond submitted.
2025-01-02
Waiver of right of respondents Norfolk and Portsmouth Belt Line Railroad Company to respond filed.
2025-01-02
Waiver of Norfolk Southern Railway Co. of right to respond submitted.
2025-01-02
Waiver of right of respondent Norfolk Southern Railway Co. to respond filed.
2024-11-26
Petition for a writ of certiorari filed. (Response due January 2, 2025)

Attorneys

CSX Transportation, Inc.
Charles RothfeldMayer Brown LLP, Petitioner
Charles RothfeldMayer Brown LLP, Petitioner
Norfolk and Portsmouth Belt Line Railroad Company
James Long Chapman IVCrenshaw, Ware & Martin, Respondent
James Long Chapman IVCrenshaw, Ware & Martin, Respondent
Norfolk Southern Railway Co.
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent
Shay DvoretzkySkadden, Arps, Slate, Meagher & Flom LLP, Respondent