DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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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.