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.

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.

Who is the plaintiff?

(Select)Michelle FleshnerorPepose Vision Institute (PVI)

What was she suing for?

(Select)wrongful terminationorbreach of contract

Why did she allege she was terminated?

Selectshe reported the company's overtime pay policy to the U.S. Department of Labororshe defamed another employee

Did she win her lawsuit?

(Select)YesorNo

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?

(Select)plaintiffordefendant

Who is the defendant?

(Select)FleshnerorPVI

Who won the lawsuit?

(Select)Plaintiffordefendant

Who is the plaintiff?

(Select)FleshnerorPVI

Who allegedly behaved improperly at the trial?

(Select)a witnessora juror

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

(Select)Anti-Semitic commentsorUnsubstantiated comments

Did the juror keep these comments to him or herself?

(Select)YesorNo

What did the juror do with these thoughts? The juror(Select)didordid notreveal them to the jury during deliberations.

What effect did revealing these thoughts have on the supposed impartialness of that juror? It revealed that the juror(Select)wasorwas notimpartial.

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

(Select)they disputed the commentsorthey agreed with the comments unknown

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

(Select)YesorNo

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)YesorNo

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 the(Select)attorneyorjudge

Did any of these things potentially happen here?

(Select)YesorNo

If so, which one?

(Select)Misconductornewly discovered evidence

What was the misconduct?

(Select)One juror made prejudicial comments during deliberationsorthe judge erred in the instructions to the jurors

Should PVI get a new trial?

(Select)YesorNo

Why? One juror was not impartial so the defendant

(Select)didordid notget 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 juror

(Select)shouldorshould nothave been dismissed.

Why? The juror

(Select)wasorwasnot biased and prone to bias against ethnic groups.

What type of challenge is appropriate for a biased juror?

(Select)peremptoryorjustcause

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

(Select)unlimitedorlimited