SAN FRANCISCO Jan 21 GlaxoSmithKline Plc
deserves a new trial against Abbott Laboratories
because Abbott impermissibly excluded a potential juror based on
his sexual orientation, a federal appeals court ruled on
GSK had won a jury verdict for about $3.5 million against
Abbott over the pricing of HIV medications. At the conclusion of
the four-week trial, the jury returned with a mixed verdict. GSK
won on some claims but lost on others.
However, GSK appealed the lower court's decision to allow
Abbott to exclude the juror, and the 9th U.S. Circuit Court of
Appeals ruled that the constitution prohibits jury strikes based
on sexual orientation.