The stage is being set for a trial in U.S. District Court in Youngstown, focusing on whether other companies besides Norfolk Southern Railroad should share the cost of the $600 million settlement over the 2023 East Palestine train derailment and its aftermath.

The jury trial, scheduled to begin Monday,  March 31, and presided over by Judge Benita Y. Pearson, is expected to address complex legal and technical arguments regarding railroad safety, chemical hazards, and contractual obligations.

Norfolk Southern Railway Company is seeking to shift a portion of the financial burden of its class-action settlement to two other companies, GATX Corporation and OxyVinyls LP.

According to court documents, Norfolk Southern argues that GATX’s failure to properly inspect and maintain a railcar led to the derailment. Specifically, Norfolk Southern alleges that a faulty roller bearing on a GATX-owned car, exposed to severe rainfall during Hurricane Harvey in 2017, caused the train to derail.

Norfolk Southern is also pursuing claims against OxyVinyls, the company that manufactured and shipped vinyl chloride monomer (VCM) aboard the derailed train. They allege that OxyVinyls provided an inaccurate Safety Data Sheet (SDS) for the VCM, which contributed to the decision to conduct a controlled burn of the chemical.

Norfolk Southern agreed to provide residents and businesses affected by the derailment with a $600 million settlement and is now seeking financial contributions from GATX and OxyVinyls.

GATX, in its court filings, argues that Norfolk Southern is primarily responsible for the derailment, citing the railroad’s operational failures, including a faulty hot box detector system and understaffed monitoring operations. GATX also disputes claims that it was responsible for post-hurricane inspections.

OxyVinyls is contesting Norfolk Southern's claims, arguing that a transportation contract between the companies limits its liability. They also assert that their SDS complied with federal regulations and that Norfolk Southern's decision to conduct the burn was independent of the provided SDS.

Norfolk Southern wants the jury to determine if GATX and OxyVinyls were negligent, and if so, to what degree they contributed to the damage. The railroad also wants the jury to decide if Norfolk Southern paid more than its fair share in the settlement.