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123064P.pdf   04/04/2014  Mindy Gilster  v.  Primebank
   U.S. Court of Appeals Case No:  12-3064
   U.S. District Court for the Northern District of Iowa - Sioux City   
[PUBLISHED] [Loken, Author, with Riley, Chief Judge, and Wollman, Circuit Judge] Civil case - Employment Discrimination. In action alleging unlawful sexual harassment and retaliation under Title VII and the Iowa Civil Rights Act, the district court erred in denying defendant's post-trial motion for new trial based on improper rebuttal closing argument by plaintiff's counsel; having carefully reviewed the entire trial record, the court is left with the firm impression that the timing and emotional nature of plaintiff's counsel's improper and repeated personal vouching for her client, her direct references to facts not in evidence, including her own sexual harassment while a law student, combined with the critical important of plaintiff's credibility to issues of liability and damages, made the comments unfairly prejudicial and required a new trial.