SAN FRANCISCO — A San Francisco court ruled last week that a case against an AIDS drug company will get a new trial after it was determined that the company improperly excluded a gay man from the jury, Bloomberg reports.
In 2011, an Oakland jury ordered Abbott Laboratories to pay GlaxoSmithKline $3.5 million for breaching a drug agreement, though Abbott was cleared of charges that it sought to stifle competition over HIV drugs when it quadrupled the price of the drug Norvir in 2003, the article said.
The judge overseeing the trial permitted the exclusion during jury selection when Abbott exercised its right to keep certain individuals off the jury. When questioned, the man said he had a male partner and had lost friends to AIDS, Bloomberg reports.
“Permitting a strike based on sexual orientation could send the false message that gays and lesbians could not be trusted to reason fairly on issues of great import to the community or the nation,” a three-judge appellate panel in the U.S. Court of Appeals wrote last week.