Plot hole: Fitch should have been aware of Herman Grimes being a selected juror for it was revealed that everyone who received a jury summons for the case was photographed in the beginning of the movie. Herman would have received a summons just the same as the rest and would have been treated the same.
Plot hole: When the lunch was late, wouldn't the bailiff have been wondering why and checking with the restaurant? She knew that the jury was in the room waiting.
Plot hole: The whole point of Marley and Nick's plan was to get back at Fitch, it's also revealed they have been doing this for a while in different cities. There is no way they could know what cases Fitch would take.
Chosen answer: Remember, in the book, the lawsuit is against tobacco companies and not gun manufacturers. In the book, Marlee's mother died of smoking-related lung cancer, thus the motivation for revenge against the tobacco companies. In the movie, the reason to avoid Mom is to maintain the stealth of Marlee and Nick's movements as they tried to "fix" a jury.
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