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4th Circ. Won t Undo Norfolk Southern s Loss To Coal Seller
Law360 (June 29, 2021, 7:15 PM EDT) The Fourth Circuit Tuesday affirmed a lower court s decision to rescind Norfolk Southern Railway Co. s contract with a coal seller that complained the railroad made it harder to ship into U.S. markets, finding that, based on the evidence, a reasonable jury could have sided with the latter.
In a unanimous, published decision, the panel backed a Virginia federal court finding that was based on a jury decision that the railroad breached its contract with coal seller Drummond Coal Sales Inc.
The panel found Tuesday that Drummond showed sufficient evidence that, based on liquidated damages provisions in a confidential contract with third-party.