John A. Mccall, Jr. v. Best of the West Productions, Llc, a Wyoming Limited Liability Company; Huskemaw Optics, Llc, a Wyoming Limited Liability Company; Jack Peterson, Individually and as Manager of Best of the West Productions, Llc; and Botw Holdings, Llc, a Wyoming Limited Liability Company

2026 WY 21
CourtWyoming Supreme Court
DecidedFebruary 17, 2026
DocketS-25-0147
StatusPublished

This text of 2026 WY 21 (John A. Mccall, Jr. v. Best of the West Productions, Llc, a Wyoming Limited Liability Company; Huskemaw Optics, Llc, a Wyoming Limited Liability Company; Jack Peterson, Individually and as Manager of Best of the West Productions, Llc; and Botw Holdings, Llc, a Wyoming Limited Liability Company) is published on Counsel Stack Legal Research, covering Wyoming Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
John A. Mccall, Jr. v. Best of the West Productions, Llc, a Wyoming Limited Liability Company; Huskemaw Optics, Llc, a Wyoming Limited Liability Company; Jack Peterson, Individually and as Manager of Best of the West Productions, Llc; and Botw Holdings, Llc, a Wyoming Limited Liability Company, 2026 WY 21 (Wyo. 2026).

Opinion

IN THE SUPREME COURT, STATE OF WYOMING

2026 WY 21

OCTOBER TERM, A.D. 2025

February 17, 2026

JOHN A. McCALL, JR.,

Appellant (Plaintiff),

v.

BEST OF THE WEST PRODUCTIONS, LLC, a Wyoming limited liability company; S-25-0147 HUSKEMAW OPTICS, LLC, a Wyoming limited liability company; JACK PETERSON, individually and as manager of Best of the West Productions, LLC; and BOTW HOLDINGS, LLC, a Wyoming limited liability company,

Appellees (Defendants).

Appeal from the District Court of Park County The Honorable Bill Simpson, Judge

Representing Appellant: Robert J. Walker and John M. Walker, Walker Law LLP, Cheyenne, Wyoming. Argument by Mr. Robert Walker.

Representing Best of the West Productions, LLC; Huskemaw Optics, LLC; and BOTW Holdings, LLC: Bradley T. Hunsicker and Jennifer Salisbury, Markus Williams Young & Husicker, LLC, Cheyenne, Wyoming. Argument by Ms. Salisbury. Representing Jack Peterson: Thomas P. Keegan, Keegan & Krisjansons, P.C., Cody, Wyoming. Argument by Mr. Keegan.

Before BOOMGAARDEN, C.J., and GRAY, FENN, JAROSH, and HILL, JJ.

NOTICE: This opinion is subject to formal revision before publication in Pacific Reporter Third. Readers are requested to notify the Clerk of the Supreme Court, Supreme Court Building, Cheyenne, Wyoming 82002, of any typographical or other formal errors so that correction may be made before final publication in the permanent volume. HILL, Justice.

[¶1] After a jury awarded John A. McCall Jr. $1,784,640 in damages for his conversion claim and $75,000 in damages for his defamation per se claim, defendants Huskemaw Optics, LLC (Huskemaw), Best of the West Productions, LLC (Best of the West), and Jack Peterson filed post-judgment motions challenging the damages. The district court partially granted the defendants’ post-judgment motions, reducing the damages for Mr. McCall’s conversion claim to $293,017 and the damages for his defamation per se claim to $500. Mr. McCall timely appealed the granting of those post-judgment motions. We reverse.

ISSUE

[¶2] We rephrase the dispositive issue as:

Did the district court err when it reduced the damages awarded by the jury?

FACTS

[¶3] Mr. McCall was a member of both Huskemaw and Best of the West. A dispute arose between Mr. McCall and the other LLC members about how the two LLCs were being operated. Mr. McCall initiated litigation against the two LLCs seeking dissolution, declaratory judgment, and injunctive relief. About a month later, Mr. McCall was expelled as a member of both Huskemaw and Best of the West. Although the LLCs’ operating agreement required that an expelled member be immediately compensated for his LLC membership interests, Mr. McCall was not immediately paid for those membership interests. 1

[¶4] Mr. McCall’s combined membership in the limited liability companies was 41.25 units, amounting to approximately a 33% interest, which were to be held for his benefit by the companies following his expulsion. While the case was proceeding, the district court entered an order enjoining Huskemaw and Best of the West from doing anything to harm or decrease Mr. McCall’s interests in the LLCs. The court also appointed a special master to value Mr. McCall’s membership interests.

[¶5] Without his knowledge, and in violation of the district court’s injunction, Mr. McCall’s membership interests were assigned and sold to a third party, BOTW Holdings, LLC. The district court then allowed Mr. McCall to amend his complaint to add a claim of conversion against Huskemaw and Best of the West for conversion of his membership interests. Mr. McCall’s amended complaint also included claims against Mr. Peterson, managing member and president of both Huskemaw and Best of the West, for defamation.

1 Contrary to both Mr. McCall’s and the LLCs’ briefs, the operating agreement was not made part of the record on appeal.

1 [¶6] The litigation included several other issues and counter and cross claims not relevant to the issues on appeal. In relevant part, after approximately a three-week trial, the jury found in favor of Mr. McCall on several of his claims including breach of contract, breach of operating agreement, conversion, and defamation per se. The jury awarded Mr. McCall $1,784,640 in damages and interest for his conversion claim and $75,000 in damages for his defamation claim.

[¶7] About a week after the jury verdict, Huskemaw, Best of the West, and Mr. Peterson filed a combined renewed motion for judgment as a matter of law under Wyoming Rule of Civil Procedure (W.R.C.P.) 50(b) regarding some of Mr. McCall’s claims, including the conversion and defamation claims. Among other things, they asserted the jury could not award Mr. McCall more than the special master’s determination of value on his conversion claim and that Mr. McCall did not provide sufficient evidence of his defamation damages. The district court denied the defendants’ Rule 50(b) motion. In its ruling, the district court stated:

[LLCs] state because the [LLCs] and [Mr. McCall] stipulated to having a special master value [Mr. McCall’s] membership interest, that the special master’s value could not be disputed. [LLCs] assert that [Mr. McCall], at trial, belatedly challenged the special master’s report and sought a value based on testimony other than the special master. The parties did stipulate early in the case that a special master would value [Mr. McCall’s] interests in the companies and that they would not contest that value. However, in 2022, [Mr. McCall] learned that his membership units in the [LLCs] had been transferred to a third party. [Mr. McCall] amended his complaint to allege a claim of conversion as a separate tort. The [c]ourt allowed the amendment and at trial the jury found that the [LLCs] did in fact commit conversion. The jury awarded damages on the conversion claim of $1,650,000, the damages being consistent with testimony that [Mr. McCall] owned 41.25 membership units valued at $40,000 per unit. The damages exceeded the value placed on the units by the special master, who valued the units under the companies’ operating agreement in accordance with value due a dissociated member. [Mr. McCall] filed multiple motions in the [c]ourt addressing the conversion claim asserting their right to damages on this tort claim separate from the value placed on the units by the special master. The [c]ourt heard pretrial motions related to the conversion claim and the [LLCs] were aware that [Mr. McCall] was asserting damages on a separate and distinct conversion claim with a value arising from that tort independent of the special master’s value. ...

....

2 . . . The [c]ourt allowed [Mr. McCall] to amend his complaint to allege conversion and the jury found that the [LLCs] had converted [Mr. McCall’s] interests. [LLCs’] motion asserts that [Mr. McCall] could not be awarded damages for conversion because he is limited to the value placed on his interests by the special master. [LLCs] appear to assert that the jury awarded double recovery. The [c]ourt does not see where the jury awarded double recovery. The jury determined that [LLCs] converted [Mr. McCall’s] interests and awarded damages on that count. The jury did not award damages as it concerns the value placed on his interests by the special master.

[¶8] In denying Mr. Peterson’s Rule 50(b) motion as to defamation, the district court stated:

The jury awarded [Mr. McCall] damages on his defamation per se as asserted against [Mr.] Peterson. The jury heard testimony that [Mr.] Peterson repeated statements alleging [Mr. McCall] had attempted to engage and hire or assist in engaging and hiring prostitutes and had otherwise been associated with prostitutes.

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