Legal Proceedings
−Removed: In 2007, various antitrust class actions filed against us and other Class I railroads in various Federal district courts regarding fuel surcharges were consolidated in the District of Columbia by the Judicial Panel on Multidistrict Litigation.
−Removed: In 2012, the court certified the case as a class action.
−Removed: The defendant railroads appealed this certification, and the Court of Appeals for the District of Columbia vacated the District Court’s decision and remanded the case for further consideration.
−Removed: On October 10, 2017, the District Court denied class certification.
−Removed: The decision was upheld by the Court of Appeals on August 16, 2019.
−Removed: Since that decision, various individual cases have been filed in multiple jurisdictions and also consolidated in the District of Columbia.
−Removed: We believe the allegations in the complaints are without merit and intend to vigorously defend the cases.
−Removed: We do not believe the outcome of these proceedings will have a material effect on our financial position, results of operations, or liquidity.
−Removed: In 2018, a lawsuit was filed against one of our subsidiaries by the minority owner in a jointly-owned terminal railroad company in which our subsidiary has the majority ownership.
−Removed: The lawsuit alleged violations of various state laws and federal antitrust laws.
−Removed: It is reasonably possible that we could incur a loss in the case;
−Removed: however, we intend to vigorously defend the case and believe that we will prevail.
−Removed: The potential range of loss cannot be estimated at this time.
+Added: For information on our legal proceedings, see Note 17 “Commitments and Contingencies” in the Consolidated Financial Statements.
Mine Safety Disclosures
6 unchanged sentences
Name, Age, Present Position Business Experience During Past Five Years
+Added: President and
Chief Executive Officer
−Removed: Present position since October 1, 2015.
−Removed: Present position since December 1, 2021.
+Added: Present position since May 1, 2022.
+Added: Served as President from December 1, 2021 to May 1, 2022.
Served as Executive Vice President and Chief Marketing Officer from May 16, 2015 to December 1, 2021.
2 unchanged sentences
Served as Vice President Human Resources from April 1, 2016 to April 1, 2019.
+Added: Executive Vice President and
+Added: Chief Operating Officer
+Added: Present position since January 1, 2023.
+Added: Served as Senior Vice President Transportation & Network Operations from September 1, 2022 to January 1, 2023.
+Added: Served as Vice President Network Planning & Operations from March 1, 2022 to September 1, 2022.
+Added: Prior to joining Norfolk Southern, served as Vice President of Service Design and Performance for BNSF Railway from October 1, 2018 to March 1, 2022 and as Assistant Vice President for Capacity Planning from June 1, 2015 to October 1, 2018.
Elkins, Jr., 57,
4 unchanged sentences
Served as Group Vice President Chemicals from March 1, 2016 to April 1, 2018.
−Removed: Executive Vice President Finance and
+Added: Executive Vice President and
Chief Financial Officer Present position since November 1, 2019.
2 unchanged sentences
Executive Vice President and
−Removed: Chief Operating Officer
−Removed: Present position since September 1, 2020.
−Removed: Prior to joining Norfolk Southern, served as served as Vice President Network Planning & Operations at Union Pacific from May 2019 to September 2020 and as Regional Vice President – Western Region from February 2018 to May 2019.
−Removed: Previously served as Executive Vice President and Chief Operating Officer at CSX from September 2015 to November 2017.
−Removed: Senior Vice President Law and
−Removed: Chief Legal Officer Present position since January 10, 2022.
−Removed: Served as Vice President Law from March 1, 2020 to January 10, 2022.
−Removed: Served as Senior General Counsel from August 1, 2019 to March 1, 2020.
−Removed: Served as General Counsel from December 1, 2016 to August 1, 2019.
−Removed: Allison, Jr., 58,
+Added: Chief Legal Officer Present position since July 1, 2022.
+Added: Served as Senior Vice President & Chief Legal Officer from March 1, 2022 to July 1, 2022.
+Added: Served as General Counsel - Corporate from August 31, 2020 to March 1, 2022.
+Added: Prior to joining Norfolk Southern, served as Vice President & Corporate Counsel in the Financial Management Law Group at Prudential Financial from March 3, 2014 to August 1, 2020.
Vice President and Controller
−Removed: Present position since June 1, 2020.
−Removed: Served as Vice President and Treasurer from February 1, 2017 to June 1, 2020.
+Added: Present position since March 1, 2022.
+Added: Served as Assistant Vice President Corporate Accounting from March 15, 2019 to March 1, 2022.
+Added: Served as Director Investor Relations from July 1, 2017 to March 15, 2019.
NORFOLK SOUTHERN CORPORATION AND SUBSIDIARIES
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.