Can a jury overturn a verdict in a civil case brought by a plaintiff against a defendant's counsel for improper jury passion and prejudice?

MultiRegion, United States of America

The following excerpt is from James v. Southern California Edison Co., 94 F.3d 651 (9th Cir. 1996):

Plaintiffs contend the verdict was the product of improper jury passion and prejudice stemming from defendants' counsel's allegedly inflammatory remarks during closing arguments. To warrant reversal on the basis of attorney misconduct, the "flavor of misconduct must sufficiently permeate an entire proceeding to provide conviction that the jury was influenced by passion and prejudice in reaching its verdict." Kehr v. Smith Barney, Harris Upham & Co., 736 F.2d 1283, 1286 (9th Cir.1984) (citation omitted).

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