The judge in Terra Firma Capital Partners Ltd.’s lawsuit against Citigroup Inc. said he may question a juror over ties to a Michael Moore film after Citigroup claimed that the juror can’t be fair.
The juror, one of nine considering Terra Firma’s $2.2 billion claim against Citigroup, and her husband are among dozens of people thanked in the credits of “Capitalism: A Love Story.” U.S. District Judge Jed Rakoff said today that the film appears to be “an extremely one-sided, scurrilous appeal to anti-bank prejudice.”
The 2009 film explores “the disastrous impact of corporate dominance on the everyday lives of Americans,” according to Moore’s website, michaelmoore.com.
Citigroup lawyer Ted Wells this morning asked that the juror, a New York dancer and performer, be excluded from the jury, which is scheduled to begin deliberating tomorrow in federal court in Manhattan.
“Out of nine people, I have one associated with the Michael Moore movie who’s taking notes like a person possessed,” Wells said, referring to the beginning of the case, when Terra Firma was presenting its side. “We started putting in our case and suddenly we’re seeing a different person,” Wells said.
Rakoff declined to remove the juror based on the information provided by Wells. He said he may ask the juror about her connection to the film.
The case is Terra Firma Investments (GP) 2 Ltd. v. Citigroup, 09-cv-10459, U.S. District Court, Southern District of New York (Manhattan).