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
