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In re the Marriage of Healy

In re the Marriage of Healy, 2016 MT 154 (June 21, 2016) (Cotter, J.) (5-0, aff’d)

Issue: (1) Whether the district court had jurisdiction to decide the CSED motion when there was no showing of changed circumstances making the existing child support obligation unconscionable; (2) whether the district court misapprehended the evidence when it made findings about John’s future income potential; and (3) whether the district court erred when it imposed a 10% interest penalty on the parents’ required college trust contributions.

Short Answer: (1) Yes; (2) no, but it abused its discretion in making it retroactive to February 2014; and (3) no.

Affirmed in part, vacated in part, and remanded

Facts: The Healys married in 1998. They had a daughter in 199 and a son in 2000.…

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.…