Abbott Fairly Kept Gay Man Out Of GSK Jury, 9th Circ. Hears

Law360, New York (July 18, 2012, 5:31 PM EDT) -- Abbott Laboratories on Tuesday defended its exclusion of a gay prospective juror in antitrust litigation against GlaxoSmithKline PLC over HIV drug Norvir, telling the Ninth Circuit it didn't discriminate and that striking gay jurors shouldn't be barred by the U.S. Supreme Court ruling in Batson v. Kentucky.

Illinois-based Abbott, which largely prevailed in the case and is fighting GSK’s bid for a new trial, said that while anti-discrimination protections based on race and gender exist during jury selection, there are no protections based on sexual orientation.

The controversy centers on the interpretation of the high court's 1986 ruling in Batson, which...

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