Michelle Fleshner worked for Pepose Vision Institute (PVI), a surgical practice. She was fired after she provided information to the U.S. Department of Labor about PVI's overtime pay policy. She sued for wrongful termination, and the jury awarded her $125,000. After the trial, a juror told PVI's attorneys that another juror had made anti-Semitic statements during jury deliberations. The comments concerned a witness who testified on PVI's behalf. According to the juror, the other juror said, about the witness: "She is a Jewish witch." "She is a penny-pinching Jew." "She was such a cheap Jew that she did not want to pay Plaintiff unemployment compensation." Another juror confirmed the remarks. PVI filed a motion for a new trial on the basis of juror misconduct. The trial judge held that the comments did not prevent a fair trial from occurring.

Who is the plaintiff?

Select

Michelle Fleshner

Pepose Vision Institute (PVI)

Item 1

What was she suing for?

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wrongful termination

breach of contract

Item 2

Why did she allege she was terminated?

Select

she reported the company's overtime pay policy to the U.S. Department of Labor

she defamed another employee

Item 3

Did she win her lawsuit?

Select

Yes

No

Item 4

After the trial, a juror told PVI's attorneys that another juror had made anti-Semitic statements during jury deliberations. The comments concerned a witness who testified on PVI's behalf. According to the juror, the other juror said, about the witness: "She is a Jewish witch." "She is a penny-pinching Jew." "She was such a cheap Jew that she did not want to pay Plaintiff unemployment compensation." Another juror confirmed the remarks. PVI filed a motion for a new trial on the basis of juror misconduct. The trial judge held that the comments did not prevent a fair trial from occurring.

Who is filing a motion for a new trial?

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plaintiff

defendant

Item 5

Who is the defendant?

Select

Fleshner

PVI

Item 6

Who won the lawsuit?

Select

Plaintiff

defendant

Item 7

Who is the plaintiff?

Select

Fleshner

PVI

Item 8

Who allegedly behaved improperly at the trial?

Select

a witness

a juror

Item 9

What was the juror's response to PVI's witness?

Select

Anti-Semitic comments

Unsubstantiated comments

Item 10

Did the juror keep these comments to him or herself?

Select

Yes

No

Item 11

What did the juror do with these thoughts? The jurorSelect

did

did not

Item 12

reveal them to the jury during deliberations.

What effect did revealing these thoughts have on the supposed impartialness of that juror? It revealed that the jurorSelect

was

was not

Item 13

impartial.

What effect did revealing these prejudicial thoughts have on the rest of the jurors?

Select

they disputed the comments

they agreed with the comments

unknown

Item 14

Did these comments have the potential to influence another jury member?

Select

Yes

No

Item 15

Would it be possible for another jury member to think less favorably of the defendant after hearing these things about the company's witness?

Select

Yes

No

Item 16

When can parties file a motion for a new trial?

On the grounds of newly discovered evidence or misconduct by the parties at trial (such as a prejudicial and inflammatory comment by a juror) or an error by theSelect

attorney

judge

Item 17

.

Did any of these things potentially happen here?

Select

Yes

No

Item 18

If so, which one?

Select

Misconduct

newly discovered evidence

Item 19

What was the misconduct?

Select

One juror made prejudicial comments during deliberations

the judge erred in the instructions to the jurors

Item 20

Should PVI get a new trial?

Select

Yes

No

Item 21

Why? One juror was not impartial so the defendantSelect

did

did not

Item 22

get an impartial trial by twelve jurors.

What if this juror had revealed this Anti-Semitic bias during voir dire and it was not clear that any Jewish persons were involved?

The jurorSelect

should

should not

Item 23

have been dismissed.

Why? The jurorSelect

was

was not

Item 24

biased and prone to bias against ethnic groups.

What type of challenge is appropriate for a biased juror?

Select

peremptory

just cause

Item 25

How many challenges may an attorney make to excuse biased jurors for just cause?

Select

unlimited

limited

Item 26