The Montana Supreme Court’s “standard of review of appeals from district court orders granting or denying motions for judgment as a matter of law is identical to that of the district court.” Johnson v. Costco Wholesale, 2007 MT 43, ¶ 13, 336 Mont. 105, 152 P.3d 727.
The Court has been inconsistent about if this standard of review is de novo or abuse of discretion Johnson, ¶¶ 14–16. Recently, we have clarified that “whether a judgment as a matter of law should be granted or denied is a question of law” and therefore the appropriate standard of review is de novo. Johnson, ¶ 18.