Ventas, Inc. v. HCP, Inc.


OPINION and JUDGMENT filed: Judgment of district court is AFFIRMED, but its decision to preclude Ventas from seeking punitive damages is REVERSED, and case is REMANDED with instructions that the matter proceed to trial on the single issue of punitive damages; the judgment of September 8, 2009 as previously entered by the district court shall stand as a partial final judgment pursuant to Rule 54(b) of the Federal Rules of Civil Procedure, decision for publication pursuant to local rule 206. Gilbert S. Merritt (CONCURRING IN THE RESULT AND MUCH OF THE REASONING OF THE MAJORITY OPINION), Eric L. Clay (AUTHORING), Richard Allen Griffin, Circuit Judges. [09-6385, 09-6413]

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