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A modern case involving jury selection is Tricam Industries Inc v. COBA, which focuses on attorney due diligence in Voir Dire.
The litigation was a product negligence and wrongful death case involving sailboat manufacture. The judge suggested that background checks be performed on jurors, but the plaintiff’s lawyer failed to do so based on satisfactory responses on juror questionnaires.
The appeals case revolved around whether or not another trial could be granted based on the fact that a background check was not done on jurors, but the decision affirmed that background checks should be done during jury selection and before the trial ends.
In this case, the appropriateness of the jury was questioned after the verdict was returned. Upon appeal, research revealed that one juror had an extensive legal history, including divorce and bankruptcy, but this juror had answered that he had no experience with litigation.
The Florida Third District Court of Appeal upheld that a new trial was not required, but also suggested that background checks need to be conducted.
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