UM Grace Case

The day began promptly at 8:00 a.m., with counsel discussing the jury instructions. As the instructions were provided, each party stated its approval or its objections.  Parties must object to preserve their right to appeal. Consistent with its objections throughout the trial, the defense objected to: (1) the definition of asbestos; and (2) the lack of [...]

David Bernick began his cross-examination of Mary Goldade, whom for 9 years has worked as a project chemist for the EPA, by attempting to expose Goldade’s bias. Bernick referenced that Goldade had been in the courtroom for the majority of the testimony. He then connected her with the prosecution team, showing that Goldade’s actions in [...]

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 [...]

After lunch, the court addressed what Judge Molloy called the “Da Vinci Code,” a flowchart of sorts to aid the jury throughout the case. Molloy provided the following analogy for why he wanted to use the chart, “If you have ever sat in the cockpit of a plane, you know how different a Cub [...]