Gruca v. Alpha Therapeutic Corp.

BAUER, Circuit Judge.

During closing argument of a seven-week jury trial, the defendants’ lead counsel asserted that the plaintiffs’ attorney “selected the defendants. He could have sued the FDA.” Rather than sustaining the plaintiffs’ immediate objection, the district court overruled it, instructing the jury that “[gjovemment entities are sued all the time.” Because these improper remarks and the district court’s erroneous instruction substantially prejudiced the plaintiffs, we reverse the jury’s verdict in favor of the defendants and remand for a new trial.

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