PARKERSBURG - West Virginia Supreme Court justices upheld a 2008 Wood County Circuit Court verdict and awards against one cable company in favor of another.
Community Antenna Service Inc. filed suit against Charter Communications VI, LLC, charging the company had engaged in unfair business practices in offering customers who had switched from Charter to CAS lower rates than they charged others if they came back to Charter as part of its "CAS buy-back plans."
These were offered only to those in areas where Charter and CAS competed. No other Charter customers were eligible.
On Feb. 28, 2008, jurors found CAS proved Charter's rates and charges were "unduly discriminatory" and that Charter did not prove there was a rational basis for its classifications or categorizations of its customers.
CAS was awarded $1,150,954 for damages, $1,446,350 for tortious interference and $1,500,000 in punitive damages. Charter filed post-trial motions challenging the verdict. In an order dated Jan. 5, 2010, the circuit court denied the motions and upheld the jury's verdict.
Justice Menis Ketchum, delivered the court's opinion, stating in earlier hearings the court held Charter's buy-back pricing plan was "simply rate discrimination" and the company did not provide a rational basis for the classifications.
Fact Box
The Matter at hand
A 2008 Wood County Circuit Court jury verdict against Charter Communications has been upheld by the West Virginia Supreme Court.
In a case dating back to 2000, the high court found the jury was correct in finding Charter violated the law with its CAS buy-back plan offering lower rates only to customers who left Charter for CAS and returned.
Justices said the circuit court was not in error by refusing to set aside or reduce that verdict.
Before the trial Charter sold its local operations to another company and no longer operates in Wood County.
Ketchum said during the trial CAS offered evidence and expert testimony indicating because of the plan, the company suffered lost past profits, lost business opportunity profits and lost future profits.
Ketchum said after reviewing the record "we find that the jury's punitive damage award is supported by the record. The circuit court committed no error by refusing to set aside or reduce that verdict."
The suit dated back to 2000 when Charter sued CAS, charging it had unlawfuly entered into agreements with certain apartment building owners where CAS would be the building's exclusive cable provider. CAS counter sued over the buy-back plan.
Before the trial Charter sold its local operations to another company and no longer operates in Wood County.
