In The Heil Co. v. Evanston Insurance Co. (No. 11-6252), the Sixth Circuit vacated a jury’s verdict and its award of $2 million in punitive damages in favor of The Heil Company. The lawsuit arose out of Evanston Insurance Company’s defense of a wrongful death suit brought against Heil. Heil sued Evanston in 2008 for Evanston’s … Continue Reading
Following up on this blog’s earlier post on the Sixth Circuit’s recent treatment of large jury awards, we investigated the Sixth Circuit’s recent treatment of punitive damages awards. Over the last two years, approximately 65 cases mention punitive damages, but of those, only 5 address a challenge to the award of punitive damages. As we … Continue Reading
As the Sixth Circuit Appellate Blog previously reported, last month a panel of the Sixth Circuit affirmed a $101 million jury award based on a finding of tortious interference with a prospective advantage under Kentucky law. Defendant-appellant HCP, Inc. sought rehearing and rehearing en banc, arguing that the panel had incorrectly applied the law as to … Continue Reading
Following the Sixth Circuit’s ruling upholding a $101 million jury verdict last month in Ventas Inc. v. HCP, Inc. (6th Cir. Case Nos. 09-6385/6413) (PDF), a petition for rehearing and rehearing en banc has been filed. In its petition for rehearing (PDF), defendant-appellant HCP, Inc. (“HCP”) raises three issues — one for panel rehearing and … Continue Reading
In September 2009, a jury in the Western District of Kentucky found Defendant-Appellant HCP, Inc. (“HCP”) liable under Kentucky law for tortious interference with a prospective advantage, which claim was advanced by Plaintiff-Appellee Ventas, Inc. (“Ventas”). Finding that HCP’s tortious interference caused Ventas to purchase certain assets of the Sunrise Senior Living Real Estate Trust … Continue Reading
