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: Law Blog - WSJ.com

MGA?s Isaac Larian: The Verdict Was Based on Racism

By Dan Slater

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barbiebratzLate Friday, we noted the news out of California that one of the jurors in the Barbie-Bratz trial, in which Mattel won the first phase — was removed for making slurs about the ethnicity of Isaac Larian, the Jewish, Iranian-born CEO of MGA, maker of Bratz.

A few more details emerged over the weekend: According to the LA Times, a court order said the juror remarks characterized Iranians as “stubborn, rude” and as “thieves” who have “stolen other person’s ideas.” The remarks were made during deliberations in the first phase of the trial that found Larian had aided a Mattel Barbie designer, Carter Bryant, who created the Bratz concept in violation of his Mattel contract.

After interviewing other members of the jury in private, District Judge Stephen Larson determined that the remarks were made near the end of deliberations, after the jury had already come to unanimous agreement on key issues. “Although the remarks offended and upset several of the jurors,” Larson said in the court order, “the remarks did not, in any way, affect or influence the decision made by the jury.”

But, reports the LAT, Larian, who was in the courtroom Friday for the proceedings, bitterly disagreed. “The verdict that was put against us was only based on racism,” he said. “I am saddened that today, in this day and age when for the first time in the history of America an African American is running for president, that there is still racism in this country.”

In a statement, Mattel said that it “finds this development to be very unfortunate. This trial, however, has been, and will continue to be, about Mr. Larian’s and MGA’s wrongful behavior.”

MGA asked that the court declare a mistrial, wiping out Mattel’s victory. The motion will be heard when court reconvenes Aug. 4.

In the meantime, LB Readers, tell us what you think.
Should the remarks of juror #8 matter?

Full post as published by Law Blog - WSJ.com on July 28, 2008 (boomark / email).

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