UM Grace Case

One of the final issues argued today was whether Paul Peronard was an expert. Paul Peronard was the first EPA investigator to arrive in Libby after the Seattle Post-Intelligencer’s articles announced the asbestos problem to the country.
Under FRE 615, lay witnesses can be excluded from the courtroom . However, the rule does not apply to certain witnesses, specifically expert witnesses designated as a party representative.

The defense has been arguing that Peronard’s asbestos sampling and formulaic analysis are not scientific but factual. Therefore, Peronard would be nothing more than a fact witness, who could be excluded from the courtroom during trial under FRE 615.
Molloy answered the matter succinctly, “Peronard is designated as an expert by the government. He is an expert. He gets to come in.”

—Christopher Orman