9th Circuit Asked to Review Ruling in Glaxo v. Abbott, But Avoid Portion of It That Would Affect Gay Rights

An update on the Glaxo v. Abbott case, which as our Ari Ezra Waldman notes had little to do with gay rights, but could have everything to do with gay rights.

Reuters reports: Jury

In a brief filed with the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday, AbbVie Inc said the full court should review an initial three-judge decision that found a gay man was improperly excluded from jury service due to his sexual orientation.

The court in reaching that conclusion in January ordered a new trial for GlaxoSmithKline Plc against AbbVie, which contended Thursday that the 9th Circuit's ruling needed review due to its potential to affect "thousands of jury trials."

But AbbVie said it is not asking for the court to reconsider a holding that heightened the constitutional protections judges in several Western states must now apply when evaluating laws that curtail gay rights.

"Abbott condemns discrimination in all forms, including in jury selection, and no discrimination occurred here," Abbott's lawyers wrote.