W.Va. High Court Nixes $4.2M Jury Award Against Erie

Law360, New York (November 20, 2009, 3:02 PM EST) -- The highest court in West Virginia has overturned a $4.2 million jury verdict against Erie Indemnity Co., ruling that the decision by Erie and its subsidiaries to terminate a contract with Princeton Insurance Agency did not constitute restraint of trade under the Sherman Act.

In a per curium opinion issued Wednesday, the Supreme Court of Appeals of West Virginia said Erie could not have conspired with another party to restrain competition -– a requisite of any restraint of trade claim –- because the only parties it...
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