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Case Status:    ONGOING    
On or around 04/26/2024 (Date of last review)

Filing Date: March 16, 2023

According to the Complaint, Norfolk Southern Corporation is a rail transportation company that implemented a strategy known as “Precision Scheduled Railroading” (“PSR”), which is associated with hyper-efficient operational changes designed to increase revenues and decrease costs.

The Complaint alleges that Defendants throughout the Class Period made false and/or misleading statements and/or failed to disclose that: (i) Norfolk Southern’s PSR, including its use of longer, heavier trains staffed by fewer personnel, had led to Norfolk Southern suffering increased train derailments and a materially increased risk of future derailments; (ii) Norfolk Southern’s PSR was part of a culture of increased risk-taking at the expense of reasonable safety precautions due to Norfolk Southern’s near-term focus solely on profits; (iii) Norfolk Southern’s PSR rendered Norfolk Southern more vulnerable to train derailments and train derailments with potentially more severe human, financial, legal, and environmental consequences; (iv) Norfolk Southern’s capital spending and replacement programs were designed to prioritize profits over Norfolk Southern’s ability to provide safe, efficient, and reliable rail transportation services; (v) Norfolk Southern’s lobbying efforts had undermined Norfolk Southern’s ability to provide safe, efficient, and reliable rail transportation services; (vi) Norfolk Southern’s commitment to reducing operating expenses as part of its PSR goals undermined worker safety and Norfolk Southern’s purported “commitment to an injury-free workplace” because Norfolk Southern’s PSR plan prioritized reducing expenses through fewer personnel, longer trains, and less spending on safety training, technology, and equipment such as hot bearing wayside detectors (a/k/a “hotboxes”) and acoustic sensors; (vii) Norfolk Southern’s rail services were, as a result of its adoption of PSR principles, more susceptible to accidents that could cause serious economic and bodily harm to Norfolk Southern, its workers, its customers, third parties, and the environment; and (viii) Norfolk Southern had failed to put in place responsive practices and procedures to minimize the threat to communities in the event that these communities suffered the derailment of a Norfolk Southern train carrying hazardous and toxic materials.

On September 15, 2023, the Court issued an Order granting Defendants' Motion to Change Venue. The case transferred in to the Northern District of Georgia under Docket 23-CV-04175.

On February 26, 2024, the Court issued an Order appointing Co-Lead Plaintiffs and Counsel. Lead Plaintiffs filed a consolidated Complaint on April 25.

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