Omotosho v. Giant Eagle, Inc.
United States District Court for the Northern District of Ohio
997 F. Supp. 2d 792 (2014)
After an all-Caucasian jury was empaneled in Omotosho's race-discrimination wrongful-termination suit and ruled for Giant Eagle, Omotosho moved for a new trial under FRCP 59, arguing the jury-selection process violated his right to a jury drawn from a fair cross-section of the community because higher African American residential mobility reduced questionnaire response rates and thus venire representation.
Whether, to prevail on a motion for a new civil trial pursuant to Federal Rule of Civil Procedure 59 based on the denial of a right to a jury selected from a fair cross-section of the community, a plaintiff must show that an underrepresented, distinctive group in the community was systematically excluded from the jury-selection process.