A New Jersey appeals court has castigated retired Superior Court Judge Nelson Johnson for disregarding an Appellate Division ruling when he granted the Borgata Hotel Casino & Spa’s motion to dismiss a personal appearance discrimination suit brought by cocktail servers known as “Borgata Babes.”

When he dismissed the suit in June 2016, Johnson bypassed the Appellate Division’s September 2015 decision finding as a matter of law that the servers made a prima facie claim of sexual harassment based on the Borgata’s imposition of its weight standards when he granted the casino’s motion to dismiss that claim, the appeals court said.