Counsel In AIDS Drug Antitrust Trial, Comments On Groundbreaking Decision Precluding Exclusion Of Gay And Lesbians From Jury Service

Commenting on a recent decision by the U.S. Court of Appeals for the Ninth Circuit barring the removal of a prospective juror from jury service because the juror is gay or lesbian, Lieff Cabraser attorney Brendan P. Glackin stated, “The decision is an important milestone in ending prejudice and stigma against gays and lesbians in our society. Any time the government seeks to discriminate on the basis of a person's sexual orientation, it now must demonstrate a legitimate purpose justifying the disparate treatment, and this purpose will be subjected to heightened scrutiny by the Courts.”

Glackin was a member of the team of plaintiffs’ attorneys in the antitrust litigation against Abbott Laboratories whose challenge of the exclusion of a gay juror served as the basis for the successful appeal by GlaxoSmithKline. The Lieff Cabraser team had principal responsibility for jury selection and asserted that Abbott's removal of the only self-identified gay juror was impermissibly made on the basis of sexual orientation in violation of Batson v. Kentucky, 476 U.S. 79 (1986).

"We anticipated Abbott might do this given the nature of the case, and had a strategy and research prepared in advance," said Glackin.

Lieff Cabraser served as co-counsel for a group of retailers charging that Abbott Laboratories monopolized the market for AIDS medicines used in conjunction with Abbott’s prescription drug Norvir. These drugs, known as Protease Inhibitors, have enabled patients with HIV to fight off the disease and live longer.

Trial commenced in February 2011. After opening statements and the presentation of four witnesses and evidence to the jury, the retailer plaintiffs and Abbott Laboratories entered into a $52 million settlement. GlaxoSmithKline continued to litigate its individual claims against Abbott Laboratories.