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Texas juror-bias decision troubles plaintiff lawyers.

Publication: Trial
Publication Date: 01-JUN-05
Format: Online
Delivery: Immediate Online Access

Article Excerpt
Trial lawyers say they're concerned about a decision allowing an insurance adjuster to serve on a jury despite his admission that he would "feel bias," saying the case not only changes established Texas law but also is emblematic of a movement that is slowly eroding the right to trial by jury.

In an 8-0 decision, the Texas Supreme Court ruled that prospective jurors who express a bias that would warrant dismissal for cause can be "rehabilitated" through further questioning. (Cortez v. HCCI-San Antonio, Inc., 159 S.W.2d 87 (Tex. 2005).)

The case involved a nursing home resident who sued the home, an employee, and others, alleging negligence and mistreatment....

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