MGA appeals juror misconduct ruling in Bratz case

LOS ANGELES (Reuters) - Bratz doll maker MGA Entertainment Inc on Thursday asked a federal appeals court to order a mistrial in a copyright infringement trial it is fighting against Mattel Inc over ownership of the popular doll franchise.

In the emergency appeal, MGA attorneys asked the Ninth U.S. Circuit Court of Appeals to order U.S. District Judge Stephen Larson to reverse his decision to deny MGA a new trial after a juror made ethnic slurs against its Iranian-born founder and chief executive during jury deliberations.

In a court filing, MGA said it was "urgent" that the appeals court overturn Larson's ruling and grant a new trial.

"If MGA is found to be liable for damages anywhere approaching the amounts sought by Mattel, its business will be ruined immediately," the filing said.

As a result of the first phase verdict, the company was losing employees, access to credit and customers who questioned whether it "has the rights to sell its main product," the filing said.

The company "simply will not be around in a year to appeal the final judgment when it is finally rendered," the filing said.

The juror made the remarks on the last day of deliberations in the trial's first phase, in which the panel awarded Mattel ownership of dozens of drawings and models upon which the pouty-lipped, urban chic dolls were based.

The same jury is now hearing testimony on Mattel's damages claims of as much as $1 billion, as well as on whether to award the toy company rights to the Bratz dolls themselves.

A juror's comment that Iranians like MGA CEO Isaac Larian were "stubborn, rude, stingy, thieves and have stolen other people's ideas" was brought to the judge's attention about a week after the panel awarded the drawings to Mattel.

After interviewing the jurors, Larson excused the female juror who made the comments but ruled that the verdict was not tainted.

(Reporting by Gina Keating; Editing by Braden Reddall)