When plaintiffs file a big-bucks consumer lawsuit, of course they look for a court which is more likely to be sympathetic. It's called "forum shopping." It's done every day all over the country in matters both civil and criminal.
When a jury is selected, lawyers go through a process called "voir dire." They naturally want a panel which includes as many jurors likely to be receptive and sympathetic as possible, and naturally reject any which might be prejudiced against their cause. A couple of weeks ago I was selected for jury duty in a DWI case and I got tossed because I knew the assistant prosecutor.
Whether or not these are valid practices depends on your point of view. You could say it shows how screwed up our justice system is. Or you could see it as cumbersomely magnificent, and why we have a better and more impartial process. Is it wrong to forum-shop? I dunno; the defendants can always move for a change in venue. Are we stacking juries? Both sides participate in voir dire, and both plaintiffs and defendants get to pick and reject.
Back to HD: I agree, the system is in big trouble. I agree, the Keefe Bartells investigation looking for plaintiffs is more bad news for HD. And no, I don't think they're going to shrug their shoulders and go away. They're trying to get to the statutory minimum threshold for number of claimants to bring a class action. If that happens, the suit will be filed....bet on it.
When a jury is selected, lawyers go through a process called "voir dire." They naturally want a panel which includes as many jurors likely to be receptive and sympathetic as possible, and naturally reject any which might be prejudiced against their cause. A couple of weeks ago I was selected for jury duty in a DWI case and I got tossed because I knew the assistant prosecutor.
Whether or not these are valid practices depends on your point of view. You could say it shows how screwed up our justice system is. Or you could see it as cumbersomely magnificent, and why we have a better and more impartial process. Is it wrong to forum-shop? I dunno; the defendants can always move for a change in venue. Are we stacking juries? Both sides participate in voir dire, and both plaintiffs and defendants get to pick and reject.
Back to HD: I agree, the system is in big trouble. I agree, the Keefe Bartells investigation looking for plaintiffs is more bad news for HD. And no, I don't think they're going to shrug their shoulders and go away. They're trying to get to the statutory minimum threshold for number of claimants to bring a class action. If that happens, the suit will be filed....bet on it.