United States Ninth Circuit

In an action in which plaintiff alleged that defendant violated the implied covenant of good faith and fair dealing, the antitrust laws, and North Carolina's Unfair Trade Practices Act by first licensing to plaintiff the authority to market defendant's HIV drug in conjunction with one of its own and then increasing the price of the defendant's drug fourfold, so as to drive business to defendant's own combination drug, the district court's decision upholding defendant's use of a peremptory strike against the only self-identified gay member of the venire, is reversed and the matter is remanded for a new trial, where: 1) classifications based on sexual orientation are subject to heightened scrutiny; 2) equal protection prohibits peremptory strikes based on sexual orientation; and 3) the exclusion of the juror because of his sexual orientation violated Batson.

Appellate Information

• Decided 01/21/2014
• Published 01/21/2014

Judges

• REINHARDT

Court

• United States Ninth Circuit

Counsel