Do pregnancy discrimination laws extend to employment that is based on a woman’s physical attributes? Brandi Cochran thinks so. Unfortunately for her, a judge believes she will have to argue her case a second time.

The Associated Press is reporting that a Los Angeles judge has found that the jury in Cochran’s discrimination trial was not properly instructed. Specifically, the judge determined that the jury should have been instructed to consider, when The Price is Right producers declined to have Cochran returning as a model, whether pregnancy discrimination was a “substantial factor.” The $8.5 million verdict awarded to her has now been wiped away and a retrial has been called for.

While performing as a model on The Price is Right, the 41-year-old Cochran became pregnant and took maternity leave. When she tried to return to the show in 2010, she was turned down by producers, who told her they needed no more models. Cochran sued for pregnancy discrimination, alleging that her pregnancy was the reason the producers to let her go.