More Charges Added to the Pending $41 Million Cold Train Lawsuit Against BNSF Railway

SPOKANE, WA - It looks like the Cold Train versus Burlington Northern Santa Fe (BNSF) Railway saga will continue a little bit longer, with Cold Train now adding additional charges to its original $41 million lawsuit.
Filed in a United States District Court in Spokane, WA, Steven Lawson, the former President and CEO of Cold Train, LLC., and Mike Lerner, the Managing Member of Cold Train, LLC., this week have unveiled details about what they say are even more significant issues about BNSF actions, which caused Cold Train’s downfall.
Allegedly, and according to the amended lawsuit, BNSF engaged in “unfair and deceptive trade practices,” including but not limited to:
According to the amended lawsuit, BNSF informed Cold Train that it was cancelling the 72-hour service and substituting a new 125-hour service nearly doubling BNSF’s rail transit time. This caused Cold Train’s costs of equipment, fuel and other costs to double, and caused many customers, especially fresh produce shippers, to look for other transportation service options.
BNSF’s business decision to direct its resources away from Cold Train resulted in millions of dollars in operating losses and millions of dollars in capital investment losses, they say, and as a direct result of the service change and BNSF’s refusal to revise its wrongful 95% carriage requirement despite promises to the contrary, Federated withdrew its offer to purchase Cold Train. Lawson and Lerner say this resulted in the two walking away with nothing from a business that had been worth over $40 million prior to April 24, 2014.
Furthermore, the termination of the Z train service left numerous Washington State residents unemployed as well as many Washington State companies and other secured and unsecured creditors with significant receivables and debts.
The amended lawsuit states that BNSF’s actions were deliberate, and contrary to its known promises and representations to Cold Train, Mike Lerner, and Steve Lawson.
Currently, several parties are challenging the original BNSF settlement with Great Western Bank in a Kansas Court, but for more updates on this lawsuit as they’re unveiled, check back with AndNowUKnow.