McCulley v. U.S. Bank of Montana, 2015 MT 100 (April 14, 2105) (Rice, J.) (5-0, aff’d & rev’d)
Issue: Whether district court properly excluded lay witness testimony; (2) whether the district court properly excluded McCulley’s medical records; (3) whether McCulley presented sufficient evidence for the jury to find U.S. Bank committed actual fraud; (4) whether the district court properly held that U.S. Bank could be held liable for punitive damages from pre-merger conduct; (5) whether the district court properly upheld the jury’s punitive damages award; and (6) whether the district court properly ordered post-judgment interest to accrue from the date it confirmed the jury’s punitive damages award.
Short Answer: (1) Yes; (2) yes; (3) yes; (4) yes; (5) yes; and (6) no.…