Supreme Court of the United States · Official docket →
CSX Transportation, Inc. v. Norfolk Southern Railway Company, et al.
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 23-1537 · judgment August 29, 2024
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for counsel with five or more prior petitions here, a circuit split argued in the petition, and a business petitioner, and down for a business respondent.
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 statute-of-limitations 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.
Counsel of record
For petitioner
Charles Rothfeld
Mayer Brown LLP
For respondent
James Long Chapman IV
Crenshaw, Ware & Martin
Case
Conference history
Distributed for 2 conferences
Proceedings
- Apr 21 2025Petition DENIED.
- Apr 01 2025DISTRIBUTED for Conference of 4/17/2025.
- Mar 31 2025Reply of petitioner CSX Transportation, Inc. filed. (Distributed)
- Mar 17 2025Brief of respondent Norfolk Southern Railway Co. in opposition filed.
- Jan 22 2025Motion to extend the time to file a response is granted and the time is extended to and including March 17, 2025, for all respondents.
- Jan 21 2025Motion to extend the time to file a response from February 13, 2025 to March 17, 2025, submitted to The Clerk.
- Jan 14 2025Response Requested. (Due February 13, 2025)
- Jan 08 2025DISTRIBUTED for Conference of 1/24/2025.
- Jan 02 2025Waiver of right of respondents Norfolk and Portsmouth Belt Line Railroad Company to respond filed.
- Jan 02 2025Waiver of right of respondent Norfolk Southern Railway Co. to respond filed.
- Nov 26 2024Petition for a writ of certiorari filed. (Response due January 2, 2025)