GSK Asks 9th Circ. For New Trial After Gay Juror Booted

Law360, San Francisco (September 18, 2013, 6:14 PM EDT) -- GlaxoSmithKline urged the Ninth Circuit Wednesday to order a new trial in its antitrust fight with Abbott Laboratories over a deal allowing GSK to sell Abbott's Norvir in an HIV drug cocktail, arguing the trial judge was wrong to let Abbott reject a prospective juror after he revealed he was gay.

GSK argued that under Batson v. Kentucky, Abbott's peremptory challenge violated the potential juror's right not to be excluded based on stereotypes. In light of the Supreme Court's recent ruling on the Defense of Marriage Act, the juror...
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