Court decides if gay juror can be taken off case

[joeybee12]

SAN FRANCISCO (AP) — A multibillion dollar case between two giant pharmaceutical companies grappling over arcane antitrust issues has unexpectedly turned into a gay rights legal imbroglio that raises questions over whether lawyers can bounce potential jurors solely based on their sexual orientation.

The case before the 9th U.S. Circuit Court of Appeals in San Francisco on Wednesday centers on whether Abbott Laboratories broke antitrust laws when it increased the price of its popular and vital AIDS drug Norvir by 400 percent in 2007. But broader public attention likely will be given to the three-judge panel's look at whether Abbott wrongfully removed a juror in the case brought by competitor SmithKlineBeecham. The court is expected to take up the issue sometime after 10 a.m. local time Wednesday.

The cost increase angered many in the gay community. SmithKlineBeecham, meanwhile, claims it was meant to harm the launch of its new AIDS treatment, which requires the use of Norvir. And the company contends "Juror B" was removed simply because he was gay.

"It's a big deal," said Vik Amar, University of California, Davis professor. "The headlines from this case are not going to be about antitrust law — it will be about sexual orientation in the jury pool."

http://news.yahoo.com/court-decides-gay-juror-taken-off-case-095101591.html

[Jackpine Radical]

1. That price hike angers me too,

and I'm not even gay.

Gay, straight, bi, trans, whatever, we're all victims of these exploitative drug companies.

[joeybee12]

2. I would love to know how they found out he was gay..if they specifically asked...

Article doesn't say.

[Jackpine Radical]

3. Given that it was a very big case, they undoubtedly ued jury selection specialists.

These people do background research on the potential jury pool, talk to neighbors, look at Facebook & Twitter accounts, assemble psychological profiles on the potential juries, etc. They would almost certainly discover the sexual orientation of all the potential jurors and feed that information to the legal team for use in jury selection.

You may think I'm crazy, but this is the reality of modern high-stakes civil law.

[joeybee12]

5. No, you're right...

I'm sure they all look to find if potential jurors have Facebook accounts...they find out lots from just that.

[Jackpine Radical]

6. They do a lot more than that.

There are people who specialize in jury selection consultation.

What is a Jury Consultant?:
In high-profile and high-stakes jury trials, lawyers rely on jury consultants to gain a winning edge. Jury consultants are human behavior experts who help attorneys research and select jurors and provide insight into juror behavior. Jury consultants are used in both criminal trials and complex civil litigation.
Education:
Jury consultants possess a minimum of a bachelor’s degree (a master’s degree or Ph.D. is desirable) in behavioral science, sociology, political science, criminology, psychology or other social science. A joint degree in the social sciences and the law is helpful but not mandatory. Jury consultants are hired for their intuition and knowledge of human behavior, not their legal expertise.
Job Duties - Pretrial:
Jury consultants are helpful even before trial commences. Jury consultants research juror backgrounds, create juror profiles, assist with jury selection, develop voir dire questions and conduct focus groups and mock jury trials. Jury consultants also conduct pretrial research, gather and analyze demographic data, perform statistical analysis and draft analytic reports.
Job Duties - Trial:
One of the most important roles of jury consultants is to develop trial strategies to help shape juror perceptions and lead to a favorable outcome. At trial, jury consultants provide insight into juror body language and behavior, coach witnesses and help lawyers identify arguments and develop strategies. Some jury consultants create courtroom graphics and multi-media presentations to help weave a compelling and persuasive story for the jury.
Jury Consultant Skills:
Jury consultants must have a keen insight into human behavior, motivation and decision-making. Excellent interpersonal and communication skills as well as exceptional writing, speaking and presentation skills are essential. Since research is integral to the job, exceptional research and data analysis skills, proficiency with statistical software and knowledge of social science research methodology are important. July consultants must understand legal procedure and terminology. Client development skills are also helpful in acquiring a strong and lucrative client base.
Jury Consultant Salaries:
Jury consultants are not inexpensive. According to the National Law Journal, a typical mock jury trial costs $60,000 while a sophisticated electronic presentation might cost $125,000. These hefty fees translate into generous incomes for jury consultants. While a jury research assistant’s salary starts at around $40,000, jury consultant salaries often top $100,000 and experienced consultants with Ph.D.’s may earn over $500,000 yearly.
Work Environment:
Most jury consultants are employed by consulting firms ranging in size from solo consultants and small boutique firms to large, international companies. Some large law firms employ in-house jury consultants. The nature of the work is fast-paced and demanding and may require extensive travel and challenging schedules to meet client deadlines.

[joeybee12]

7. I guess my point was that even in small cases lawyers now

have their assts check facebook when they don't have money for jury selection consultants, although in this Big Pharam case, they must have spent a fortune checking into potential jurors.

[Behind the Aegis]

4. If this happens, what is to stop removals of other groups?

Blacks? Asians? Liberal? Democrats? The first two, I believe are covered under a law that prevents their removal based on ethnicity (race), but who's to say a ruling like this wouldn't be used to challenge the existing law.

[Jackpine Radical]

8. Absolutely, although it would be unconscionable if it stopped at gays.

Actually, there's no way to prevent it, though. Although state laws vary on the exact numbers, each side gets a certain number of peremptory challenges that they can use to dismiss any jurors they want to without providing a reason. It's only in the challenges for cause that this ruling would matter. This would force the lawyers to use up their peremptory challenges on gays if they really want to keep them from being empaneled.