Striking Back Against Peremptory Strikes

//Striking Back Against Peremptory Strikes

Striking Back Against Peremptory Strikes

The ability to challenge potential jurors for reasons other than possible bias has been an accepted part of jury selection since juries themselves became a part of the English legal system, some 800 years ago.1 Peremptory challenges have been part of U.S. law since the 1790 Act.2 All states allow peremptory challenges in some form.3

Yet, notwithstanding long history and wide use, could peremptory challenges be abolished? The U.S. Supreme Court has noted — in a series of opinions stretching back almost 100 years — that “[s]tates may withhold peremptory challenges ‘altogether without impairing the constitutional guarantee of an impartial jury and a fair trial.’”4 Justice Marshall, in his concurrence in Batson, advocated “eliminating peremptory challenges entirely.”5 Justice Breyer cited Marshall’s language in a recent concurrence: “I believe it is necessary to reconsider Batson’s test and the peremptory challenge system as a whole.”6 Even Great Britain, which gave us the peremptory challenge system, has now abolished such strikes.7

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By | 2018-01-03T22:46:31+00:00 January 3rd, 2018|Uncategorized|0 Comments

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Client Results

Regulatory counsel for clients involved in proceedings before the Consumer Products Safety Commission (CPSC) concerning safety standards, ongoing and completed recalls, and accident investigations.

Won a two week-long jury trial in federal court for a Fortune 25 company; plaintiff alleged the company’s products caused cancer.

Tried an employment class action lawsuit in federal court on behalf of 40+ plaintiffs; defendants asked to settle case during trial.

Tried a two month-long case for a medical device manufacturer which resulted in a defense verdict as to plaintiff’s claims.

Tried a multi-week wrongful death case and received from plaintiffs’ counsel — the day before closings were to begin — a stipulation of dismissal.

Won a multi-week jury trial in federal court for the largest petrochemical company in the world.

Represented a pharmaceutical manufacturer in two birth defect cases in Philadelphia: in one, the court directed a verdict for our client; in the other, the jury’s verdict was less than the plaintiff’s actual medical costs.

Served as national coordinating counsel for two Fortune 100 companies jointly defending more than 55,000 asbestos claims; also served those clients both as national motions counsel and as trial counsel.

Won an appeal, before a state supreme court, of a jury verdict of 130 million dollars.

Obtained a directed verdict during trial from a federal district court on a Daubert motion; appellants dismissed their case after oral argument in the Eleventh Circuit.