Category Archives: Staggers Rail Act

State Law Damages Claims Preempted in RR Fee Fixing Class Action

Update December 2010:  The U.S. Supreme Court denied certiorari on the preemption issue. Update January 2009: The court dismissed the indirect purchasers’ state law claims, holding that they were preempted by the Staggers Rail Act.  Under Federal antitrust law, indirect purchasers may seek injunctive relief but not damages.  Many state antitrust laws, by contrast, permit indirect […]