Gay Juror Wrongly Booted In GSK-Abbott Row, 9th Circ. Says

Law360, New York (January 21, 2014, 6:28 PM EST) -- The Ninth Circuit ruled Tuesday that a gay man was wrongly ousted as a prospective juror in an antitrust spat between GlaxoSmithKline and Abbott Laboratories over an HIV drug, ordering a new trial and noting that recent Supreme Court precedent bars juror discrimination on the basis of sexual orientation.

In a unanimous opinion, the three-judge panel said GSK had shown a “prima facie” case of intentional discrimination when attorneys for Abbott struck a man known as Juror B from the jury pool after he made several...
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