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

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

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.

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.

Won a product liability jury trial in state court for the largest U.S. automobile manufacturer; plaintiff was seeking punitive damages.

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.

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.

In a mass tort representation for a healthcare client, obtained “no pay” dismissals by motion and by negotiation of all thirteen cases pending in western Pennsylvania.

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