Civil Procedure Keyed to Cross
Alverio v. Sam’s Warehouse Club, Inc
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Plaintiff, Carmen Alverio, alleges she was sexually harassed by her previous manager when she worked for Sam’s Warehouse Club, Inc., Defendant. Plaintiff brought suit. The jury venire was composed of eleven men and three women. Defendant used its peremptory challenges to strike all three women. Plaintiff alleged Defendant improperly struck the three women, based on their gender, in violation of Batson. Defendant’s counsel stated he struck one woman because she was unemployed, one because she was previously a plaintiff in a litigation, and one because she worked at an insurance company, which may have worked with his law firm. Subsequently, Plaintiff used its peremptory challenges to strike the three most educated men from the venire. The judge accepted Defendant’s counsel’s reasons, and the trial began. The jury rendered a verdict for the Defendant. Defendant moved for judgment notwithstanding the verdict or a new trial, and the court denied the motion. Plaintiff appealed.
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