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U.S. Court of Appeals for the 9th Circuit

Aug. 6, 2013

9th Circuit, considering gay juror dismissal case, asks for more briefs

A 9th Circuit panel has directed opposing counsel to file further briefing on whether lawyers can peremptorily strike prospective jurors based on their sexual orientation.

By John Roemer
Daily Journal Staff Writer

Whether lawyers can peremptorily strike prospective jurors based on their sexual orientation is a novel question that drew closer to resolution Thursday as a 9th Circuit panel directed opposing counsel to further brief the matter. The issue arose in an antitrust dispute over HIV drug prices. GlaxoSmithKline LLC is appealing an adverse 2011 jury verdict, asserting that lawyers for competitor Abbott Laboratories wrongly dismissed a gay...

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