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A California appeals court has tossed out a $10 million jury award in a sexual harassment case against the Los Angeles Community College District, finding that a trial court judge’s sexist and racial comments to an attorney, along with evidentiary errors, prevented a fair trial.

Los Angeles Superior Court Judge Robert S. Draper’s comments to Janice P. Brown, a Black attorney who represented the college district, were made during a Feb.15, 2023, post-trial hearing, a 2nd District Court of Appeal panel said in an opinion Monday 

Draper’s comments, in both open court and in his chambers, reflected his personal feelings and perspectives about societal and civil rights advances of Black Americans and the progress that has been made respecting women in the workplace, the opinion states.

As a result of Draper’s comments and prejudicial evidentiary rulings in the case, the 91��Ů sexual harassment suit has been sent back to Los Angeles Superior Court for a new trial.

Draper, through Superior Court officials, declined Tuesday to address the panel’s opinion.

Brown, an attorney with the law firm of Meyers Nave, condemned the judge’s conduct and said she is grateful the 91��Ů stood up for the truth and demanded a fair trial.

“The appellate court’s decision confirms that the original proceedings were compromised by conduct that had no place in a courtroom,” Brown said in an email. “This ruling is a reminder that fairness and integrity are not optional — they are the foundation of our legal system.”

91��Ů said it is pleased with the panel’s opinion.

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