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Business Wire 16-Mar-2023 5:39 PM
Robbins Geller Rudman & Dowd LLP announced that it has filed a class action lawsuit seeking to represent purchasers of Norfolk Southern Corporation (NYSE:NSC) common stock between October 28, 2020 and March 3, 2023, inclusive (the "Class Period"). Captioned Bucks County Employees Retirement System v. Norfolk Southern Corporation, No. 23-cv-0982 (S.D. Ohio), the Norfolk Southern class action lawsuit charges Norfolk Southern and certain of Norfolk Southern's top executives with violations of the Securities Exchange Act of 1934.
If you suffered substantial losses and wish to serve as lead plaintiff of the Norfolk Southern class action lawsuit, please provide your information here:
You can also contact attorney J.C. Sanchez of Robbins Geller by calling 800/449-4900 or via e-mail at firstname.lastname@example.org. Lead plaintiff motions for the Norfolk Southern class action lawsuit must be filed with the court no later than May 15, 2023.
CASE ALLEGATIONS: Norfolk Southern 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. Operational changes typically include reductions in staff; longer, heavier trains that can stretch up to miles in length; and tighter schedules.
The Norfolk Southern class action lawsuit 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 February 3, 2023, eastbound Norfolk Southern Railway Company general merchandise freight train 32N derailed 38 railcars in East Palestine, Ohio, leaving behind what the Associated Press called "a mangled and charred mass of boxcars and flames." The derailed equipment included 11 tank cars carrying hazardous materials that subsequently ignited, fueling fires that damaged an additional 12 non-derailed railcars.
On February 6, 2023, responders engaged in a controlled detonation and burn of the vinyl chloride, spewing massive volumes of chemicals into the vicinity. The chemicals released from the derailment entered the air and water of the surrounding residential areas, the closest of which were only 1,000 feet from the site of the accident. On this news, the price of Norfolk Southern stock fell.
Then, on February 8, 2023, after lifting a previously issued evacuation order, Ohio Governor Mike DeWine stated that Norfolk Southern was "the one who created the problem. It's their liability. They're the ones who ought to pay for it." Following their return, numerous residents reported hazardous air quality and other health and environmental concerns. On this news, the price of Norfolk Southern stock again fell.
Thereafter, on February 13, 2023, the Environmental Protection Agency stated that it had concluded that Norfolk Southern may be responsible for the cleanup costs of the derailment site or the costs incurred by the EPA for area cleanup. On this news, the price of Norfolk Southern stock once again fell.
Next, on February 15, 2023, reports emerged that Ohio Attorney General Dave Yost was considering taking legal action against Norfolk Southern over the derailment. On this news, the price of Norfolk Southern stock again fell.
Finally, on March 6, 2023, Norfolk Southern announced a 6-part plan to improve operational safety that included, among other things, adding about 200 temperature sensors along its tracks where existing sensors are at least 15 miles apart, reviewing the temperature levels that set off alarms for train crews, and adding more acoustic sensors that analyze vibrations for potential problems. On this news, the price of Norfolk Southern stock fell, further damaging investors.
The plaintiff is represented by Robbins Geller, which has extensive experience in prosecuting investor class actions including actions involving financial fraud. You can view a copy of the complaint by clicking here.
THE LEAD PLAINTIFF PROCESS: The Private Securities Litigation Reform Act of 1995 permits any investor who purchased Norfolk Southern common stock during the Class Period to seek appointment as lead plaintiff of the Norfolk Southern class action lawsuit. A lead plaintiff is generally the movant with the greatest financial interest in the relief sought by the putative class who is also typical and adequate of the putative class. A lead plaintiff acts on behalf of all other class members in directing the Norfolk Southern class action lawsuit. The lead plaintiff can select a law firm of its choice to litigate the Norfolk Southern class action lawsuit. An investor's ability to share in any potential future recovery is not dependent upon serving as lead plaintiff of the Norfolk Southern class action lawsuit.
ABOUT ROBBINS GELLER: Robbins Geller is one of the world's leading complex class action firms representing plaintiffs in securities fraud cases. The Firm is ranked #1 on the most recent ISS Securities Class Action Services Top 50 Report for recovering more than $1.75 billion for investors in 2022 – the third year in a row Robbins Geller tops the list. And in those three years alone, Robbins Geller recovered nearly $5.3 billion for investors, more than double the amount recovered by any other plaintiffs' firm. With 200 lawyers in 9 offices, Robbins Geller is one of the largest plaintiffs' firms in the world, and the Firm's attorneys have obtained many of the largest securities class action recoveries in history, including the largest securities class action recovery ever – $7.2 billion – in In re Enron Corp. Sec. Litig. Please visit the following page for more information:
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