Jamison Company, Inc. v. Westvaco Corporation, Formerly West Virginia Pulp and Paper Company

GOLDBERG, Circuit Judge:

On petition for rehearing, plaintiff Ja-mison Company attacks this Court’s decision ordering a new trial as to all issues. In our original opinion, we held that the jury had awarded excessive damages. Because we were unable to determine the theory of liability on which the jury premised its overly generous verdict, we did not limit our remand to a remittitur or a partial new trial.

Jamison does not question the panel’s basic finding of an excessive verdict. Instead, Jamison argues that because the jury clearly rejected defendant Westva-co’s counterclaim, a new trial as…