Taft Prevails for Ports of Indiana in Dispute Over Rail Switching Rights

Taft represented the Ports of Indiana in a dispute with Consolidated Grain & Barge over rail switching rights at the Mount Vernon, Ind., Southwinds Port. Consolidated commenced the action in August 2021 and sought entry of a temporary restraining order and preliminary injunction to allow it to provide its own switching services on the Port’s state-owned railroad and to prevent the Ports from transferring switching services to its preferred provider. The case involved the interpretation and interplay among multiple layers of complex contracts, as well as regulated tariff issues. Following an all-day preliminary injunction hearing, a Taft team that included Peter French, Andi Metzel, Ann O’Connor McCready, and Vivek Hadley successfully defeated Consolidated’s motion for preliminary injunction and the Ports was able to proceed with transferring switching services to the new provider in October 2021. On Aug. 31, 2022, Taft obtained a dismissal with prejudice on all claims brought against the Ports of Indiana.

French, Metzel, and McCready are partners in Taft’s Indianapolis office. French is a trial lawyer who has represented clients in litigation matters in many jurisdictions across the United States. Metzel is an experienced litigator focusing her practice on complex business litigation, corporate governance, land use, white collar, fraud, RICO, and product liability matters in state and federal courts. McCready focuses her litigation practice on complex disputes that span a variety of areas and industries, including business and contract disputes. Hadley is a litigation associate in Indianapolis with significant experience in commercial litigation and dispositive motions practice.

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