defective autorack door hinges


 Claim at Issue:

This matter involves a claim by a railroad against a railcar manufacturer seeking recovery of costs to retrofit 1600 multi-level autorack railcars which had failing door pivot bolts and hinges. The railroad's claims were based on breach of express warranties and breach of the implied warranties of merchantability and fitness for a particular purpose.

Key Legal or Factual Issue: 

  • Choice of law
  • Application of equitable estoppel to overcome a four year statute of limitations for breach of warranty.

Case Summary: 

Material, manufacturing and design defects in the railcar doors' "pivot bolts" (or hinges) resulted in the pivot bolts cracking and breaking. The problems with the doors had been identified by the Association of American Railroads' ("AAR") Specially Equipped Freight Car Committee ("SEFCC"). At that time, the manufacturer offered short term, interim solutions and assured the railroad that it was developing a permanent fix. The promises regarding retrofits and repairs never materialized and it became clear that the railroad would have to bear the costs of retrofitting the doors in order to render them safe and reasonably serviceable. Faced with millions in retrofitting and repair costs, the railroad engaged our firm to file suit.

The manufacturer's defense of the lawsuit was vigorous. It moved to dismiss claims relating to 1,300 of the autoracks arguing that the Uniform Commercial Code's four-year statute of limitations four year statute of limitations applicable to actions for breach of warranty had lapsed. If granted, this motion would have eliminated approximately 80% of the railroad's claims. In response, we argued that the defendants were equitably estopped from raising the statute of limitations due to their assurances that an industry-wide fix would be forthcoming. The matter was first heard by a magistrate judge who recommended that the court find railroad's claims to be time-barred. We timely objected within ten days of the magistrate's report, seizing the opportunity to obtain reconsideration on a plenary, "de novo" basis rather than under the more deferential "clear error" standard.

On review, the district court found for the railroad on several critical issues and rejected the magistrate's recommendations. The Court agreed with the railroad that Illinois law, the state where the manufacturer had its headquarters, governed the application of equitable estoppel. And it rejected the defendants' argument that procedural issues required the law of the venue where suit was filed to apply. The court followed the railroad's cited authorities that clarified the often muddled case law to show that the doctrine of equitable estoppel, as applied to the statute of limitations, involved issues of substantive, not procedural, law. Additionally, the court was persuaded that the so-called "all that is necessary" test for pleading equitable estoppel remained good law despite a decision of the Illinois Supreme Court arguably narrowing the availability of the defense. It was critical that the court follow this broader test because the railroad had relied upon the manufacturer's general assurances that it was responding to widespread autorack failures through interim and permanent industry solutions, rather than specific fraudulent representations. Having favorably resolved these issues, the court concluded the statute of limitations would not bar railroad's claims and denied the defendants' motion.

These favorable rulings provided significant leverage and reversed any advantage that the manufacturer had gained from the magistrate's erroneous recommendation. Armed with all available damages, we were able to secure a favorable settlement for our railroad client comprised of a seven figure monetary payment and the retrofit of the autoracks at facilities approved by the railroad to meet the railroad's specifications, all at the manufacturer's expense.