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McColl v. Lang

McColl v. Lang, 2016 MT 255 (Oct. 11, 2016) (McGrath, C.J.) (5-0, aff’d)

Issue: (1) Whether the district court abused its discretion in granting Lang’s motion to exclude certain evidence, and (2) whether the district court abused its discretion in denying McColl’s motion to exclude the testimony of Lang’s expert witness.

Short Answer: (1) No, and (2) no.

Affirmed

Facts: Lang is a licensed naturopathic physician. McColl saw Lang in 2012 and discussed a blemish on her nose that she wished to remove. A month later, McColl returned to Lang’s office where he applied black salve, an escharotic agent, to the blemish on McColl’s nose. Lang sent her home with instructions to return. A few days later, McColl returned and Lang reapplied black salve.…

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.…