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McCulley v. U.S. Bank of Montana

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.…

Kananen v. South

Kananen v. South, 2013 MT 232 (Aug. 20, 2013) (5-0) (Wheat, J.)

Issue: (1) Whether the district court properly dismissed Kananen’s fraud claim on the basis of the statute of limitations; (2) whether the district court erred by not conducting a hearing on the motion to dismiss; and (3) whether the district court properly awarded attorney fees and costs.

Short Answer: (1) Yes; (2) no; and (3) no. The award of attorney fees and costs under § 40-4-110, MCA, is reversed.

Affirmed and reversed …

McCulley v. American Land Title Co.

McCulley v. American Land Title Co., 2013 MT 89 (April 9, 2013) (5-0) (Cotter. J.)

Issue: Whether the district court properly granted summary judgment to the bank and the title company.

Short Answer: (1) Yes to the title company; (2) yes to the contract and negligence claims against the bank; (3) no as to the fraud claim against the bank.

Affirmed in part and reversed in part…