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

Represented a pharmaceutical client in a suit brought by the state of Alabama, alleging fraud in Medicaid-related drug prices. The Supreme Court of Alabama found for the manufacturer on all counts.

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

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

National trial counsel for a large U.S. manufacturer of household fixtures; have represented the company in numerous wrongful death and brain injury suits.

Argued and won an appeal before the 11th Circuit, preserving a trial victory for a Fortune 50 company.

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.

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

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.

Obtained summary judgment in a wrongful death case, seeking eight figures in damages, for a Fortune 500 client.

Won a motion to defeat creation of a multi-district litigation (MDL) case; argued before the Joint Panel on Multi-District Litigation (JPML).