- Assisted a major plastics company to develop a rail transportation contract for the shipment of plastics resins from a newly competitive rail origin, resulting in substantial reductions in its transportation charges.
- Represented a major rail shipper in an arbitration proceeding involving the pricing provision of a rail transportation contract, resulting in millions of dollars in savings annually.
- Represented a major steel company in a rail merger proceeding, in which the shipper successfully challenged an anticompetitive arrangement between the merging carriers and a competitor.
- Prepared an offer of financial assistance for a shipper to preserve rail service by acquiring a rail line slated for abandonment.
- Obtained authority for a rail shipper to construct a line of rail that would cross the track of the incumbent and create rail-to-rail competition, resulting in tens of millions of dollars in rate reductions from the incumbent over just a few years.
- Prepared and litigated claims for cargo loss and damage and service delays.
- Preserved rail build-out options in rail merger proceedings for two major chemical manufacturers and an electric utility.
- Prepared comments to the STB in major rulemakings on policies and procedures to govern future rail mergers and future rail rate reasonableness disputes.
- Represented a rail shipper in the “bottleneck” cases, in which the STB set national policy regarding shippers’ rights to challenge unreasonable rates over monopoly rail line segments.
- Advised a rail shipper on the purchase of a rail line and the establishment of operations over the line.
- Advised a hazardous materials shipper on safety regulations and liability issues after a major train derailment, resulting in the release of the shipper’s hazardous materials.
- Advised a rail shipper on its rail car repair obligation at the end of a long-term rail car lease.
- Prepared FRA drug & alcohol testing policy for a short-line railroad.
- Surface Transportation Board Adopts New Reciprocal Switching Rules to Address Inadequate Rail Service,
Transportation Update
, May 2, 2024 - STB Denies Stay of Arbitration Program Opt-In Requirement; Permits Filing of New Petitions for Stay,
Transportation Update
, February 3, 2023 - STB Adopts New Processes to Make Rail Rate Relief More Accessible to Shippers,
Transportation Update
, January 9, 2023 - STB Hearings Include Reciprocal Switching; STB Proposes Small Rate Case Rules,
Transportation Update
, November 18, 2021 - Executive Order Targets Rail, Ocean and Air Transportation Competition and Unreasonable Practices,
Transportation Update
, July 12, 2021 - Thompson Hine Earns First-Tier Rankings in Chambers USA,
Sixteen Practices and 46 Lawyers Recognized
, May 20, 2021 - STB Adopts New Demurrage Billing Rules,
Transportation Update
, April 9, 2021 - CP and KCS Submit Merger Prefiling Notification and Proposed Procedural Schedule,
Transportation Update
, March 23, 2021 - Canadian Pacific and Kansas City Southern to Merge,
Transportation Update
, March 22, 2021 - CSX Applies for STB Approval to Acquire Pan Am Systems,
Transportation Update
, March 16, 2021